Changes to the Planning Permission Regime
FEBRUARY 2010
One of the less obvious effects of the economic downturn has been the considerable slowdown in the implementation of planning permissions already granted. It seems that developers and householders alike have delayed commencing works for which permission has been granted because of uncertainty in the current economic climate.
The risk in delaying implementation of the planning permission is that such development (whether large scale development or minor works) may not commence prior to the expiry date of the planning permission, causing such permission to lapse.
Once the permission lapses, a new application is required if the developer (or householder or business) still wishes to proceed with the works, resulting in more expense and delay for the applicant and the local planning authority (LPA). The requirement to obtain a fresh permission may also hold back the flow of development and could mean that LPAs face a sudden rush of new applications once the economy picks up.
Following a consultation period, the following measures were introduced on 1 October 2009 in an effort to address the problems:-
- the ability for developers to apply to extend the time limit of planning permissions;
- additional powers for the LPA to make non-material amendments to existing planning permissions;
- streamlining the procedure for making minor material variations to existing planning permissions.
Extending the time limit of planning permissions
This measure allows applicants to apply to the LPA for a new planning permission to replace an existing permission due to expire, which effectively results in a longer period in which to begin the development. The outcome of a successful application will be a new permission with a new time limit attached. The measure is temporary and will apply only to permissions granted on or before 1 October 2009. The guidelines state as follows:-
- the application must be made on the standard application form specifically designed for this purpose. Forms are available from the relevant LPA’s website;
- plans, drawings and design and access statements are not required but it is open to the LPA to seek further information if they consider that any changes (unrelated to the original development but which have taken place since the original grant of permission) may have affected design or access considerations relevant to the proposed development;
- LPAs may refuse applications to extend the time limit where relevant material considerations indicate the proposed development should no longer be treated favourably;
- applications can also be made to seek an extension to the time limits for listed building consents and conservation area consents, where these are associated with an application to extend the time limit on the main planning permission.
Non-material amendments to existing planning permissions
The measures also include a new Section 96A application which allows a non-material amendment to be made to an existing planning permission by way of a simple application to the LPA.
LPAs have been left uncertain of the extent to which they can make minor amendments to existing planning permissions. As a result, they may adopt a precautionary approach and either undertake an extensive consultation process or require a new planning application. As part of the new measures, LPAs have been given power to make non-material amendments to planning permissions. The guidelines state as follows:-
- only a person who has an interest in the land to which the non-material amendment relates, or someone acting on their behalf, can apply;
- the applicant must, before the application is made, notify anyone who owns the land to be affected by the non-material amendment and must record these details on the application form. All notified persons have 14 days to make representations to the LPA;
- non-material amendments can be made to conditions using this procedure, so that new conditions can be imposed or existing conditions removed or altered;
- this procedure applies to planning permissions only, not listed building or conservation area consents;
- the LPAs must respond within a period of 28 days or longer if agreed in writing.
Streamlining the application procedure for minor material amendments
The measures also include streamlining the Section 73 (of the Town and Country Planning Act 1990) procedure. Where a developer wishes to make a small material change to a development that already has planning permission, it is usually necessary to submit a further full planning application. The Section 73 procedure now enables the LPA to take a proportionate approach to further consultation, which means that developers can now apply to change, for instance, the terms of one condition of a permission without having to change the entire permission, resulting in applications which are less expensive and which are dealt with much more quickly.
Summary
The measures are simple but are expected to have far reaching effects by giving developers (and householders) further time in which to commence development. Government and industry are clearly hoping that the measures will encourage developers and householders to continue with the proposed development or works, albeit at a later date, rather than abandoning them altogether.
If you would like any further information about the issues raised in this article please contact Lynne Horay or any other member of Goodman Derrick LLPs property department on 0207 404 0606.
This guide is for general information and interest only and should not be relied upon as providing specific legal advice.
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