New Rules For Planning Applications

The Government has brought in new legislation on 1 October 2009 dealing with time limits for planning permissions. Historically, planning applications were granted with a five year limit for the development to commence although this has now been reduced to three years.

In most cases the advice is that development should commence within the specified period in order to implement the planning permission. However, as a direct result of the recession, the Government has brought in a new order which allows a procedure for re-application without the need to re-submit plans, design and access statements etc. This is a formal procedure but local authorities only have 28 days to deal with the application unless an extension is agreed.

James Fraser of BCM Architecture comments: This is a welcome relaxation of the rules regarding time limits and planning applications. That said, in most instances our advice will remain to implement a planning consent within the period specified as this is the only failsafe method of ensuring that there are no problems on reapplication. However the new regulations do mean that reapplication is now less costly (both in terms of fees paid to the planning authority and the amount of work required) to put together a resubmission as much of the requirements for this have now been relaxed.

For more information contact James Fraser on 01962 763900.