IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 08 October 2009

Briefings

The Government has responded to the poor economic climate and decline in development by introducing provisions that will allow extension of all planning permissions which are about to expire.

These special provisions will only apply to planning permissions granted on or before 1 October 2009 and which were live but not implemented at the time of the application for extension.

It is worth noting the following points:

1. Applications must be made on standard forms with an eight week determination period and will involve streamlined consultation;
2. Applicants will only be given one extension per permission;
3. Local authorities retain the right to refuse to grant an extension where changes in the development plan and/or any other relevant material considerations indicate that the proposal should no longer be treated favourably or if they consider that a new application should be submitted;
4. The length of the extension to be granted will be dependent upon the length of time each individual planning permission has remaining prior to its expiry date;
5. The rules apply to all sizes of development;
6. Applicants cannot make changes to the terms of the planning permission as granted; and
7. Until the fees regulations are amended (expected to be in late November/early December), the fee payable will be the same as if it were a new planning application.

These provisions offer a unique opportunity for developers to extend the life of a planning permission where necessary, and where it would be inappropriate to submit an entirely new planning application.  These provisions could result in significant savings to developers.

For further information please contact any member of our Real Estate Group.