Planning - some points to consider

Julie Liddle

For many years people have relied on the knowledge that development control decisions made by Local Planning Authorities were based on the Town and Country Planning Act 1990, as amended.

However the most fundamental change to the planning system was implemented with the commencement of the Planning and Compulsory Purchase Act 2004. The new provisions came into force in August 2005 and have been being rolled into planning law for the past year.

Substantial changes are taking place both at local and regional levels in regard to Development Plans with greater public participation being encouraged. However whilst major structural changes are taking place there are also smaller changes to be aware of which affect the planning application you may have just received or the one you are about to apply for.

For example:
1. The "life" of a full planning permission has been reduced from five years to three. With respect to an outline planning permission the new legislation provides some flexibility in the system in that Authorities now have discretion as to whether the Reserved Matters application must be received within one year of outline approval or two. Failure to comply with this time frame means the consent will lapse. Obviously this will have an impact on your business in that a loss of consent means you would loose a valuable permission; you incur the expense of reapplying, which in turn causes delay and more importantly, there is no guarantee that planning permission would be granted again.

2. Any application for planning permission which is refused means that without a material change to the application, it cannot be resubmitted within a two year period from the date of refusal. The emphasis here must be on clear pre-application discussions with the relevant planning Authority.

3. The power to apply to a planning Authority to extend the life of an unimplemented planning permission has now been removed. It is imperative that your first planning application is accurate and that you have taken pre-application advice in order to save yourself time and expense of a refusal. Providing you then receive a planning approval, ensure that you take the time to read carefully the conditions (if any) attached to that planning permission because there may be a requirement for you to consult with the planning Authority (either development control or building regulations) prior to work commencing, and failure to do so could result in a loss of the planning permission.

Remember a Notice of Planning Approval is an important document so should be kept in a safe place.

If you would like to discuss your planning issues, please contact Julie Liddle at H & H Bowe.

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