What is the Average Lifespan of Planning Permission? 

You have purchased a piece of land with permission to build your house. You may have planning permission for an extension, but the money is tighter than you thought.

You might be wondering how long planning permission can last. Are there any things you can do to prevent your planning permission from running out before you are ready to build? How can you keep your planning permission alive? Is it possible to keep your planning permission alive if it runs out?

We’ll answer your questions in this post to help you decide what to do next.

When does planning permission expire?

The planning permission is usually valid for three years after the local planning authority grants it. Although there are some exceptions, they are infrequent. If your case falls within this category, your approval letter should clearly state it.

Let’s say that your site is not unusual. If you have full planning permission, then you have three years to begin construction on the site. You have three years to apply for planning permission if you have outline planning permission. This raises another question:

What Type of Planning Permission do You Have?

You will find out which type of permission you have if you submitted the application. But You might not know its type if you buy land or a structure with planning permission.

Full Planning Permission covers all aspects of a project, as the name suggests. After verifying that you comply with all conditions in the approval letter from your local planning authority (and you have obtained building regulations approval), it is time to begin building.

For larger projects, outline planning permission is most commonly used. You basically ask the local authority for permission to outline the scheme. Then, when you are ready, you submit separate applications that cover the details (“reserved matter”).

You have three years to take action to preserve your planning permission in either case. What are you supposed to do?

How to keep planning permission alive

Planning permission used to be granted without a time limit. In the 1960s, local authorities realized that too many landowners were obtaining permission but failing to build. So, in 1968, the government introduced a five-year cut-off. This was reduced to three years in 2009.

The legislation is designed to ensure that you use planning permission when you get it. If you have outline permission, then you must decide on your details before you run out of time and submit your applications for approval. After the approval of the last reserved matter, you will have two more years to start construction.

You can start the building works within three years if you have full planning permission. This sounds easy, but what if you are not ready to construct yet?

What is considered to be starting work for planning permission?

This is actually where things become more complicated. This is where you might think you need to get started and continue working until you are done. In practice, this is not the case. In many cases, you can still get your approval if you take a clear first step, even if you don’t start the main construction phase.

This area is complex and has been the subject of many court cases. We cannot promise you that one thing will always work. But we can offer suggestions to help you extend the time that planning permission is granted.

These are the actions – referred to as “material operations” – that show the start of work (often called “commencement or development”) on a site.

• Any work that is part of the construction of a building.
• Any work that involves the demolition of a building.
• The digging of a trench contains foundations or part of foundations for a building.
• Laying any underground pipe or main to the foundations or part of the foundations of a building, or any trench therein;
• Any operation that is done in the course of construction of a road, or part thereof;
• Any change in land use constitutes material development.

You can often meet these conditions without hiring a full-time construction crew. For example, ‘Digging the trench that is to contain […] part or the foundations’ is a common move that local authorities will often accept as proof of construction is underway.

Book a free architectural consultation to discuss your project and get a Udex expert.

What can go wrong when you start work to keep planning permission alive?

First, there is some good news. It doesn’t matter if you start work now and intend on continuing or if you just want to stop your planning permission from expiring. The intentions of the homeowner or developer have been deemed immaterial by the courts.

What is the point? There are two things.

The easiest is the first. The right spot is where your starters should be. For example, if you’re digging a trench to support foundations, it can’t be anywhere else on your property. The trench must be exactly where the foundations are on the drawings submitted for planning approval.

The second issue is more difficult. Your first works should be more than just the basic minimum. However, this is subjective, so a council official or, in the worst-case scenario, the courts will judge if you have done enough.

Can you renew or extend your planning permission?

The answer to the question “How long does planning permission last?” was “three years” and then “renew your permit.” In 2013, however, the government removed the option to pay your fee and allowed the local authority to extend its approval as long there were no significant changes to your site or their policies.

You now have two options. Either you can stop your permission expiring as we mentioned above or submit a new application.

How to Reapply for Expired Planning Permission?

What is the difference between applying for planning permission again and originally applying? 

Officially, no matter how long ago your application was approved, it will still be treated the same as any other. If you don’t change the application, all drawings and surveys will be preserved. Although permission granted previously is not a guarantee that you will get it again, it does set a precedent, at least so long as there are no major changes.

Before you submit another application for an expired planning permit, make sure to check with the LPA whether it has updated its policies and take a look at similar applications. If the planning department rejects your type of application or the council decides it doesn’t want to promote a particular type of development, you should consult a planner or hire an architect (or both) to adapt your plans to current conditions.

You might need to consider the size and type of your project. If you are proposing eight flat blocks, you are more likely to be granted permission by the council. Do your research and hire professionals who are familiar with the process to help you reapply for planning permission that has expired.

Get expert help

We’ve tried to simplify a complex subject by providing a broad overview. Each local authority applies the planning procedures in its own unique way, despite them being set out by national guidelines and legislation.

Although we have been able to tell you in this article how long your planning permission will last, we cannot tell you how strict your local authority approaches deciding whether you are actually making a start on your project. What are your chances of getting approval again if your permission is due to expire or is close to expiring?

To get these answers, you will need to tell someone familiar with your case and its details.

How can Udex help you?

Udex is a London-based RIBA chartered architectural and planning firm. We help landowners, developers, homeowners, and others achieve ROI-focused results by focusing on proven design and planning strategies.

We are happy to assist you in any way, including rethinking an existing project or making a new planning permission application.

Now you know the basics of what to do. It would be smart to begin your project. Get a quote today.

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