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General: Renewal of planning permission

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  1.  
    • CommentAuthorCWatters
    • CommentTimeAug 30th 2015
     
    Am I correct in thinking that you can no longer renew a grant of planning permission?

    The planning portal here..
    http://www.planningportal.gov.uk/planning/applications/decisionmaking/permissiongranted

    currently says..

    "Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

    However, if your existing permission was granted BEFORE 1 October 2010 and has NOT expired, you can apply to extend it - usually by a further two years."

    Since most grants are for < 5 years most of those issued before 2010 will have expired already. In effect no more renewals.

    New planning applications could be subject to CIl/S106 unless exempt.
    • CommentAuthorcjard
    • CommentTimeAug 30th 2015
     
    True. The original provisions for allowing permissions to be extended so that cash strapped developers could keep their hard fought schemes build able without making a material start (triggering huge s106 payments which doesn't help the cash strapped situation) were deemed unhelpful in a buoyant economy that demands housing so out to any babies with the bathwater that assists land banking ..
    • CommentAuthorTriassic
    • CommentTimeSep 1st 2015
     
    Just dig a hole, put some concrete in the hole, get building control to inspect it. You then have commenced construction, job done.
    • CommentAuthorcjard
    • CommentTimeSep 1st 2015
     
    But then he might fall liable to pay a 20 thousand quid pikey playground charge, so that the council can provide for non-working people despite having sold off all their council houses, by stinging hard working self builders for extra cash. That lump sum might put the project back to square zero

    Irks me intensely, that not only do I have to flog myself to death 60h a week to afford to build my own home, I have to pay the council money so they can squander fortunes on overpriced contractors creating affordable housing for someone less fortunate (driven?). If I were a volume developer I could set up a charity to sell my affordable housing to, and thus collect the rent (and notionally keep the asset). As a self builder, it's just money down the drain. Even more irritatingly, in my parish the council doesn't build affordable housing, so my hard earned just sits rotting in a bank account waiting for the next financial collapse
    • CommentAuthorTriassic
    • CommentTimeSep 1st 2015
     
    Posted By: cjardBut then he might fall liable to pay a 20 thousand quid pikey playground charge, so that the council can provide for non-working people despite having sold off all their council houses, by stinging hard working self builders for extra cash. That lump sum might put the project back to square zero
    very good point.
  6.  
    As self builders aren't we effectively exempt from CIL / S106?

    I have signed something to say that I'm still liable for the CIL payments, but the charges will only apply if I sell the house or rent it out within a certain time period. I'm pretty sure this was a national directive towards self builders rather than my Local Authority being generous.
    • CommentAuthorTriassic
    • CommentTimeSep 1st 2015
     
    It went to the High Court and was quashed. So potentially they could be back in.
    • CommentAuthorcjard
    • CommentTimeSep 1st 2015
     
  9.  
    Sounds like I did. I shall be keeping quiet and be grateful for my small win!
  10.  
    It just totally baffles me that we need housing in the UK but every LA seems to be trying its best to make every build financially harder for the individual.

    There must be some underlying reason for this. The rules are just so conterproductive.

    I have a field that I am tempted to try and build on that is in a small local town but having built once already I know how hard it is. Yes I would profit if I sold my first build that I currently live in but I am not going to have my pants pulled down by the LA. It is exceptionally hard to work full time and selfbuild so why should they reap the rewards. They do not compensate if it all goes horribly wrong!!!!:angry:
    • CommentAuthorDarylP
    • CommentTimeSep 2nd 2015 edited
     
    ... the planning rules should apply to everyone equally?
    So that means the rules for multi-dwelling developments for the big cardboard-box builders should be the same for self-builders...?
    :angry:
    •  
      CommentAuthordjh
    • CommentTimeSep 2nd 2015
     
    Posted By: CWattersNew planning applications

    I saw something somewhere that suggested it wasn't necessary to make a new application if the permission hasn't yet expired. Instead you can apply for a variation to the time-limiting condition. I have no idea whether that works though.
    • CommentAuthorCWatters
    • CommentTimeSep 2nd 2015 edited
     
    Have been doing some googling and have posted this on another forum...

    My understanding is that Full planning grants can no longer be extended only renewed. I base that on the following links...

    http://www.gillespiemacandrew.co.uk/news-views/latest-news/2014/keeping-your-planning-permission/

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

    http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/

    http://www.legislation.gov.uk/ukpga/1990/8/section/73

    Here is my summary of the history...

    Prior to 2009
    ===========

    Permission was usually granted subject to a condition giving it (typically) a 5 year life. That condition could be altered to extend the life.

    Post 2009
    ========

    Full Permission was granted with either:

    1) A "deemed life" of 3 years.
    or
    2) With a condition setting the life to X years. However this condition can no longer be varied under section 73.

    The rules for outline planning permission didn't change.

    Post 1st Oct 2012
    ==============

    A temporary measure was introduced allowing applications granted before 2010 to be renewed for an extra year. The temporary measure itself was extended for a year.

    2015 onwards
    ============

    The temporary measure above has expired and won't be renewed so we are back to the situation above under "Post 2009". eg

    Planning Grants with a "deemed life" cannot be extended.
    Planning Grants with a planning condition specifying the life. The life cannot be varied under S73. They must be renewed.

    Minor Loophole
    =============

    There appears to be an interesting loophole detailed on the planning law blog. As I understand it it goes like this...

    If you apply for a condition (any condition except the time limit) to be removed or ammended under Section 73 the LPA will issue a new planning permission. That is set out here..

    http://planningguida...n-73-tcpa-1990/

    Quote: "Where an application under section 73 is granted, the effect is the issue of a new planning permission, sitting alongside the original permission, which remains intact and unamended.

    snip

    "As a section 73 application cannot be used to vary the time limit for implementation, this condition must remain unchanged from the original permission. end quote

    However normally if there is a specific time limit condition it typically says something like "5 years from the date of this grant"

    BUT it appears that the new grant will have a new date of issue so the 5 year clock starts again. So it appears that you could accidentally get an extension by applying to have another condition amended under section 73. This would only work if your time limit was a specific condition not the new "deemed life" (or would it?).

    PS: The above is all about England. Outside England you have different rules.
    •  
      CommentAuthordjh
    • CommentTimeSep 2nd 2015
     
    Thanks for the clarification. I can see clearly now that it's all a rat's nest! I'm just glad I don't have to try and extend a permission. BTW, the normal period these days is three years rather than five.

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