Before the introduction of s73(5) of the 1990 Act (and s19(5) of the Listed Buildings Act) a developer who wished to extend the period of validity of a permission before the time limit had expired could do so by applying to vary a condition. However, this provision does not apply to applications that were determined before 24th August 2005 or submitted before and determined after this date. This is confirmed in Circular 08/2005. I have a client who has submitted an application under this provision and the LPA have, so far, failed to register the application, returning it as invalid, saying that they cannot determine the application and also requesting a new design and access statement. Has anybody else had a similar experience and what was the outcome?
