Does Planning Permission Expire?
So you may have received planning permission on your land or house, but it’s taking a while to start the construction work. In this blog we’re going to take a look at all the questions you may have that require timing when implementing your planning permissions including expansion and expiration.
When Does Planning Permission Expire?
So the short answer is you have three years from the date your planning permission was granted to prepare and begin construction work unless otherwise stated by your local authority. The town and country planning act 1968 helps ensure that unimplemented planning approvals are prevented. So, after 3 years if the planning permission fails to be carried out it will expire and you will need to complete the full planning permission process again. Keep in mind that just because you have had approval before you may not get the exact same permission again as the policy and design guidelines may have changed.
For outline planning permission the timeframe tends to be a little different unless stated otherwise, there will be a 3 year period from the approval time in which you must submit outstanding reserved matters application for the scheme. Should you receive approval of reserved matters then an additional two years is gained for the permissions to be actioned, totalling five years to undergo the planning permission. In some cases there is a three year extension but tends to be rare and in most cases would be stated clearly in your planning notice.
Can You Stop Planning Permission From Expiring?
If your planning permission is due to expire, unfortunately your options are limited.
1. Make sure you implement your planning permission within three years of approval including the disclosure of any pre commencement planning conditions.
2. Reapply for planning permission.
Implementing Planning Permission
Planning permission is deemed to be implemented on the “earliest date on which any material operation comprising the development begins to be carried out.” (Town and Country Planning Act 1990, Section 56).
1. Ant work of construction in the course of the erection of a building;
2. Any work of demolition of a building;
3. The digging of a trench which is to contain the foundations, or part of the foundations, of a building;
4. The laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph;
5. Any operation in the course of laying out or constructing a road or part of a road;
6. Any change in the use of any land which constitutes material development.
You cannot apply to extend planning permission this is because the historical legislation for planning permissions granted before October 2010 no longer applies.
In extreme cases such as Covid 19 permissions that were due to expire between 23rd March and December 2021 and automatic extension was given until 1st April 2021.
If your planning permission had exceeded 3 years this means your planning permission has expired and you will need to start the process again. If your planning permission has started then there is no legal requirement for when the work must finish.
Start Your Project
If you'd like to discuss a project or have any questions about the services we offer, then please don't hesitate to get in touch with us. One of the Kendon Sloggett Construction team is always on hand to assist.