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planning-applications.co.uk |
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DECISIONS
UNDERSTANDING THE APPROVAL NOTICE
Your
planning permission will be confirmed a few days after a planning committee or a
delegated decision has been made. The decision date to be noted at the
bottom of the notice is the start date for various statutory time limits - in
particular the 6 month period within which an appeal may be lodged. [See APPEALS]
The
decision comes in the form of an A4 size written Notice either on a single
sheet or, if there are conditions attached, maybe two or more pages long.
This
is an important document which should be kept safe. If you need to have the
details to hand regularly then take a copy.
The
decision notice will be kept on file at the Council offices and will be
available for the public to inspect. Remember, the planning permission benefits
the property over which it is granted, not you - the applicant - directly, so
you can't take it with you if you move away! (Very few planning permissions are
granted personally for the benefit of an individual).
The
notice will set out the applicants’ details and the description of the planning
application granted. If the description does not match your application, it may
have been altered prior to committee for greater certainty or clarity in
planning terms, or there may have been a typing error. Do check.
The
notice will normally require that the approved development should be carried
out in accordance with the plans and documents submitted with the application.
In some cases the authority may return a set of the plans and drawings to you
stamped as 'APPROVED' or 'PASSED' so that you can be certain of the matter. A
full set is retained by the planning department for future reference.
How Long
Have I Got?
Planning permissions are time limited. They do not last forever if
you do not carry out the development approved.
Government Circular 08/05 “Guidance on Changes to the Development Control System”
(
These new requirements
apply to applications received by an authority on or after
OUTLINE APPLICATIONS
Normally
an outline planning permission [domestic][commercial] has two timescales and the consent
will require you to submit a further application for the approval of reserved
matters within three years of the grant of outline permission. Once the
last of the reserved matters has been approved there is usually a two year period
within which the development must commence. These timescales may remain
unchanged by Authorities do have a wider discretion to vary these periods if
they wish to.
DETAILED/FULL APPLICATIONS
Detailed/Full
planning permissions are normally issued for a period of 5 years after which
they will expire if no development has commenced within that period. The new Guidance
in Circular 08/05 allows this period to be
reduced to 3 years so as to encourage development to take place faster. Local Authorities have a requirement to
assess each application and determine the timescale they consider appropriate
having regard to the circumstances of the application.
CHANGE
OF USE APPLICATIONS
Planning
permission for a change of use is normally issued for a period of 5 years, within
which the change of use must take place or the permission will expire. The new Guidance
in Circular 08/05 allows this period to be
reduced to 3 years so as to encourage development to take place faster. Local Authorities have a requirement to
assess each application and determine the timescale they consider appropriate
having regard to the circumstances of the application.
You
are under no obligation to act on the permission you have obtained. However, either you or your successor
to the property must act on the consent within the required period or the
permission will lapse.
Can I extend the Period for Development to Start?
By virtue of the changes outlined in Circular 08/05, after the expiry of the time limit
for commencement of development it is not possible to begin that development
and a fresh planning application for planning permission must be made.
Note: Where permission or consent was granted prior to
What Constitutes Implementation?
This
is one of the many areas of planning law that has given rise to considerable
debate and legal interpretation over the years. Even today, cases continue to
come before the Courts over the vexed question of what does, or does not,
constitute the implementation of a planning permission.
A
more detailed rehearsal of this matter will follow in later updates of the web
site. However, for present purposes, you should assume that you must make a
significant start on the development permitted, with the intention of
completing it, to avoid the suggestion that you have not done enough to keep
the permission alive.
If
the Council can argue that you haven't done enough, the planning permission
will lapse and you will need to re-apply. It is altogether likely that the
Council will take this approach because circumstances have changed and they no longer
think that permission is appropriate.
Even
if you have started some development - say the first few houses of a small estate - the Council can
still require you to complete the scheme if they believe that you are taking
too long over the development, without good reason. They may set a deadline,
after which the undeveloped part of the permission lapses.
I
must say that this is a right that authorities use rarely, but it exists and
should not be taken fore granted. The recent changes outlined above may
increase the likelihood of Councils requiring permissions to be completed more
quickly.
