LAPSED PLANNING PERMISSION on a property – What Does This Mean?

All planning permissions are subject to time limits and if these expire then the planning permission is deemed to have lapsed. In most cases you have 3 years to implement a planning permission from the time the local planning authority grants it. However, Council’s do have the right to vary such time limits and it is not unusual to see shorter time periods specified on your planning permission.

In days gone by extensions of time on a planning permission could easily be secured by applying to vary the time limit but changes to legislation have now prevented this and renewing a lapsed planning permission requires the submission of a new planning application

Normally planning permission will be granted again but there are circumstances where this may not be the case. For example, if the planning policies of the Council have changed in the intervening 3 years or the Government introduces new legislation that changes the outcome of the process. in this case it is important to seek professional advice from a planning consultant to give yourself the best chance to re-instate the previous planning permission at the property.

 (case in point - Coleburn Cottage in Burwash Weald East Sussex and is set in 4.75 acres with equestrian facilities. The accommodation currently includes 3 bedrooms with lapsed planning granted to add a two storey extension. The property is on the market with Equus for a guide price of £ 1,095,000 -To enquire about more details on the planning history of this property, telephone Equus Partner Karen Hall on 01435 889000)

Apart from renewing an application are there any other measures you can take to protect your hard earnt planning permission?

Making a material start on the planning permission will keep the planning permission alive. This is not a straightforward process and you will have to discharge the planning conditions, perhaps make Community Infrastructure Payments and decide on works which lawfully result in a material start.

Whether to commence a development or resubmit a planning application is a complicated area and proper thought needs to go into your planning strategy.

At KLW Planning Consultants Ltd their Planning Experts can assist in helping you choose the right strategy.

In the first instance please contact Martin Hull at enquiries@klw.co.uk or call 01892 750018.