Planning permission deadline

Planning Permission on a site is (normally) given for 5 years. My question is in raletion to the time close to the expiry of the PP and the house for which the permission has been given has not been built. To what level does the house build have to be to meet the PP requirment at the end of the 5 years. Is it possible to get an extension of the 5 years if the house has not been built or is a complete new submission required?

In order to apply for an extension of planning permission the P&D Act 2000 requires that the development to which the permission relates:-

- must have commenced before the expiration of the appropriate period sought to be extended and,

- substantial works must have been carried out pursuant to the permission during that period and

- the development will be completed within a reasonable timeframe.

It is also a requirement that the application for the extension is made prior to the end of the intial 5-year permission period.

Otherwise, it looks like you will have to go in for a fresh planning application. However, it is not always the case that the planning authority will grant permission for the same development the second time around. For example, if the planning context of the site has changed. Also, it it is an apartment development, there are now new design guidelines relating to the size of units, storage space within and room dimensions which should be taken on board.

I hope this is the information that you are looking for?

Pantone, thanks for response!
It is a one-off house rather than devlopment and I am applying for a change of house plan which when granted (hopefully!) will bring me up quite close to the end of the 5 years. It seems from what you have written that if work has commenced (btw what constitutes "substantial"?) I should be fairly OK.

Hi there,

Unfortunatley the Act does not define what is meant by 'substantial'. I imagine it means that works would have to be well under way on site.

Quite a few years ago, I had a client who started to build very close to the expiration of their p.p. This was the issue - what would be considered "substantial"? In their case, the house was weather proofed and the roof was on by the time the application was made. Their architect was satisfied that that was "Substantial" works.

I imagine its quite subjective but I'd prefer to be nearer to completion than starting if asking the Local Authority to grant an extension.

Pantone's point about p.p. not necessarily being granted second time around is very well put.

mf

Remember also that the various charges one has to pay for planning permission have in some counties increased quite substantially since you first got your planning and if you re apply you may gat a nasty unwanted surprise.

the house must be up to roof level to satisfy the planning permission within the 5 years

Who monitors whether the build is to roof level or not on the expiry of the PP?? Whilst this may be the official position, in practical terms is this ever actually checked up on by the County Council

mickeyg said:

Who monitors whether the build is to roof level or not on the expiry of the PP?? Whilst this may be the official position, in practical terms is this ever actually checked up on by the County Council

Click to expand...

Yes it is. PP is no longer handed out willy nilly. Accept that and work within that framework.

mf

Hi,

I've recently bought a house in an estate which had extra rooms to the side on the original and accepted planning permission.
The first owners didn't build this part, and instead put the foundations down for it and closed off the side of the house.

The original permission expired last year, but I wasn't the owner of the house at the time, so I couldnt do anything about it.

I applied to the county council for an extension to the permission period, but they have just rejected it on the grounds that the application was made outside the original time period.

Can anybody advise on what my options are?

Can I go ahead and finish the house as per the plans that they accepted?
Do I need to re-apply for full planning?
Should I go to them and plead my case?

Thanks,
Eoin

When you bought the house, did this not surface?

It should have - it should have been clear from Contracts, survey, your own inspection, a planning search etc.,etc that there was planning permission, it had expired, certain works had been done but ultimately that the house had not been built in accordance with the PP.

Its serious and you need serious advice from a good architect/engineer. If this was not raised by your solicitor, you need to go back to them also and ask for advice.

mf

If the previous planning permission has expired then you will need submit a fresh planning application in order to get approval for the development that you are proposing to construct to the side of your house. It is not possible under planning legislation, to apply for an extension of time when the previous planning permission has now expired. In such circumstances the planning authority do not have the power simply to extend the permission, as they have strict guidelines / regulations that they must follow.