Extending The Time Limit For Implementing Existing Permissions

Legislation allows the Council to extend the time limit for implementation of an existing planning permission. The key points are as follows:

• Applications can only be made in respect of applications which are extant both on 1 October 2009 and at the time of the application.
• Outline permissions can be extended where the time limit for submission of reserved matters has not expired or reserved matters were submitted in accordance with the time limits but the time for commencement has not yet expired. An outline planning can also be extended where the development has begun in accordance with the terms of, and any reserved matters approved under, an outline planning permission which is required or expressly permitted to be implemented in phases, and was granted on or before 1st October 2009 subject to a time limit which has not expired.
• The provisions also apply to listed building/conservation area consents.
• The applicant does not have to be the original applicant or have a legal interest in the land but in practice, copyright considerations mean that in most cases, it will be the original applicant.
• Notice has to be served by the applicant on any owner as for a new application.
• No Design and Access Statement is necessary.
• There is a standard application form on the Dartford website and on the Planning Portal.
• The fees for an application where the development has not been implemented will be £500 for major development, £50 for householders and £170 in all other cases.
• The fees for an application where an outline permission has been partially implemented is as per a new applicatin for outline planning permission.
• The normal neighbour notification and consultation requirements apply.
• The Council will take the development plan and material considerations into account and will focus their attention on national and development plan policies, and other material considerations which may have changed significantly since the original grant of permission.
• The application is a new application under the 1999 Environmental Impact Assessment Regulations. Where the development is listed under either Schedule 1 or 2 to the 1999 Regulations, and satisfies the criteria or thresholds set, the Council will need to carry out a new screening exercise and give an opinion whether EIA is necessary.
• Applications and decisions must go on the planning register.
• Decisions are subject to the normal time limits for applications, i.e., 16, 13 or 8 weeks.
• Normal rights of appeal apply.

Government guidance on the new legislation was issued in October 2010.