Can I extend Planning Permission?

[Ferdinand]

This is just a note of something I came across on Martin Goodall's Planning Law blog, related ot this piece:

 

http://planninglawblog.blogspot.co.uk/2012/09/extending-life-of-planning-permissions.html

 

Planning Permissions usually have a condition to require development to start within 3 years (used to usually be 5, may soon be changed to be 2).  

 

In England, up until 2009, the usual way to extend the life of a PP was to apply to vary this condition. But when a temporary right was granted to extend the lives of PPs in order to allow projects to be extended during the UK recession, a provision was made in planning law expressly ruling out the extension of life of a PP by varying a condition. See the above blog for the reference.

 

So when the temporary extension mechanism was withdrawn, neither that nor the "vary the condition" method were available in England.

 

In this blog Martin Goodall noted that the provision banning the use of an application to vary the time condition had not been made live in Wales.

 

Quote

The prohibition on extending a planning permission by varying the time condition by means of a section 73 application has never (or at least not yet) been brought into force in Wales.

 

Questions which would be of interest to BuildHubbers:

 

1 - Has this been brought into force in Wales yet?

 

2 - Can an application be made to vary the time condition in Scotland?

 

3 - Can an application be made to vary the time condition in Northern Ireland?

Does anyone know?

 

Ferdinand

 

Edited April 8, 2017 by Ferdinand

[Barney12]

Nothing there!

[Ferdinand]

There is now :-)

[Temp]

I had a look at 73 para 5 here which appears to be the bit that stops you applying to change a time limit in England.

 

http://www.legislation.gov.uk/ukpga/1990/8/section/73?view=extent

 

but there is a huge list of amendments not yet edited into the act one of which is this which mentions Wales in (4)

 

http://www.legislation.gov.uk/anaw/2015/4/section/35#section-35-7

 

It needs more brain power than I currently have available to fully digest the meaning but these lines look like the important bits...

 

"(3ZA)Subsection (3ZB) applies if—

 

(a)a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and

(b)the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.

(3ZB)The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.

 

So in England it appears you can't change the condition if it applies a time limit on the start of development. However in Wales it looks like any time limit in the original must be applied to the new one. I'll need a few beers to figure out the difference :-) 

 

 

 

 

 

[Guest Alphonsox]

Northern Ireland has recently issued new guidance on this subject.

https://www.planningni.gov.uk/index/advice/common-advice-renewal-and-starting-development.htm

 

The usual process here has been to get a water connection, dig a hole then stop. This then constitutes commencement of build and planning is assured.