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Planning Advisory Service (PAS)
Ouvert | En cours - juillet 2012 | Dernière modification - May

Extending time limits on outline applications

Former Member, modifié il y a 14 années.

Extending time limits on outline applications

The Government's guidance document on Greater Flexibility on Planning Permissions confirms that LPAs can extend the time limits for outline permissions (para 21). Para 22 states that the related reserved matters can be "referred to in the new decision notice." We have a case where outline permission has been granted and reserved matters have been approved. The applicant now wishes to extend the time limit to implement the permission. Any thoughts on how best to do this? Has anyone approved an extension of time for outline permissions? Should we effectively reissue the outline approval with an informative confirming that the reserved matters previously approved remain acceptable?
Former Member, modifié il y a 14 années.

Re: Extending time limits on outline applications

Can't answer your specific question... but be careful if there is a S106, as it will refer to implementation of the original permission. If you change the permision, the S106 will be unenforceable unless you gat them to sign a dead of variation. Phill
Former Member, modifié il y a 14 années.

Re: Extending time limits on outline applications

Extending the time limit grants a new permission according to paras. 1-3 in CLG guidance November 2009 "Greater flexibility for planning permissions" . Logically therefore they would have to submit reserve matters again under the new outline that is granted as they will not be implementing the original outline but a new permission. However para. 22, as you indicate, says the opposite which suggests the original permission is extended. It is not clear if CLG is advocating the part implementation of two separate permissions, or simply being pragmatic in the interests of "flexibility", and taking a "positive and constructive approach". It would be interesting to see if the guidance stands up in law as it seems to contradict itself. The same diffculties apply to variation of condition permissions under s73 since a new permission is also created as established by the courts..