Forum Topic

Extending planning permission

In March 2020 my architect had sent out tender documents to potential contractors for a loft conversion. Then came the first Covid lockdown and the project ground to a halt.  Hounslow Council's planning permission expired on September 4th 2021 and only now, with restrictions being lifted, have we been able to restart the process.  I emailed the council to find out if their planning permission could be extended under the circumstances.  I received what looks like an automatic anonymous response saying: "there is no provision in the current regulations to extend a permission ... a new application must be submitted".  Does anyone know if there is a way to challenge this considering we were ready to go in 2020?  Or would I be wasting my time?

Elizabeth Bennett ● 1698d11 Comments

Does planning permission have a time limit?Normally, planning permission is valid for three years from the time the local planning authority grants it. There are exceptions, but they are rare and, if your case is one of them, it should say so clearly in your letter of approval.As 'it's Covid' has been the go to excuse for absolutely everything for the last - almost two years, it would be nice if the council could look upon this favourably given the extenuating circumstances which have been beyond anyone's control. Try contacting one of your local councillors - if you don't ask - you don't get.

Vanessa Smith ● 1698d

Thanks for your reply, Vanessa.  The planning permission was granted in September 2018 so the three years ran out in 2021.  But I'll see if the local councillor can help.  Good idea!

Elizabeth Bennett ● 1698d

If you can find a way to meaningfully start the work with some preliminaries whilst the tender process is ongoing you will preserve your planning permission from expiry. You architect should be able to recommend something you can give to a contractor immediately to achieve this. 

John Hall ● 1698d

But if it's run out you'll need to reapply.

John Hall ● 1698d

But if it's run out you'll need to reapply.

John Hall ● 1698d

As John says, unless you commenced works to implement the permission before the 3 year period expired then the permission has lapsed and you would have to re-apply.Unfortunately a Councillor couldn't assist you in this matter as it's not something that can be varied, so unless you did implement the permission (which it doesn't sound like you did) then you will have to re-apply I'm afraid.

Adam Beamish ● 1697d

How much work would someone have to do to count as making a start on the work?For example, if the area had been cleared by the owner and wallpaper etc stripped, would that be enough to allow works to continue?  Of course, that level of effort might be difficult to either prove or challenge.

Phil Kay ● 1697d

Informing building control that work has started is a good way. Photos with time evidence too. You need to have executed part of what you have applied for. 

John Hall ● 1697d

A substantial start - we normally get Building Control to come and do their first inspection - i.e. foundations or a padstone. You can then stop for as looooooong as you want.

James Holmes-Siedle ● 1697d

To answer Phil's question, you don't have to do much to lawfully implement a planning permission, but whatever you do needs to be directly relevant to the development itself.  Just cleaning an area and stripping wallpaper wouldn't be sufficient because firstly someone might do that simply to redecorate.  There is however case law whereby someone merely marking out (with string) the precise locations where the footings of an approved development where to be constructed was held to constitute the lawful implementation of a permission.As John and James have said, I usually advise people to go above and beyond that, get Building Control down and so forth.

Adam Beamish ● 1696d

I have pm’d you

Sean Wales ● 1696d