Expiring Planning Permission
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Development sites that have expiring planning permission whereby development has not yet begun, may be required to re-apply for planning consent in the event of lapsed planning. This runs the risk of having the re-submitted application refused, particularly if the planning policy has changed. The re-application process can be avoided by commencing at the very least, a material operation such as digging a trench which would be the precursor to more substantive operations such as laying of foundations as evidence that development has begun. A case can be made stronger by the involvement of Building Regulations and having the development registered with them before expiry, and one would be encouraged to inform the planners / Local Authority in writing that a start has been made and there is documentary evidence. Certain conditions attached to the planning consent may have been imposed as part of the permission, and it is imperative that these conditions are identified and fulfilled before development is commenced, otherwise any development activity that does not take these conditions into consideration may be unlawful. Some conditions impose the commencement or even the completion of the development by a certain date, therefore knowledge of the obligations attached to the permission is vital from the very beginning. Although evidence of development may be enough to satisfy planning extension, if the project does not maintain momentum, resulting in a stagnant partly developed site, the Local Planning Authority has the right to issue a completion notice where there appears to be no prospect of completion within a reasonable period. In such cases, the served notice may typically state that the planning permission will cease within a minimum of 12 months, in which case the development should have been completed or else any development continued after this period may be subject to enforcement actions as it does not have the cover of planning permission. This notice will only be served after the planning permission has expired and there is usually an opportunity for a hearing. Current conditions, however, also allow for the renewal of the already granted planning permission whereby one can apply to extend the time limit of the permission by a further three years, and in most instances is usually approved automatically, so long as it is only an extension of the planning and not 'changes', but it can also be rejected if there have been significant changes to policy or local lobbying that may wish to oppose the development. |
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Page last updated: 29/01/2012 * Disclaimer: All article content is the opinion of the author and does not represent the views of RenovationFinance.co.uk. In all instances, you are advised to seek independent advice. |
