Greater Flexibility = More head scratching!!

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Heddiw

Former Member, Addaswyd 13 Years yn ôl.

Greater Flexibility = More head scratching!!

I have a case where a developer is seeking to extend the life of a planning permission and to then make minor material amendments (s.73) as quickly as possible afterwards. My question is; do you have to wait until the extension is approved before you can submit the s.73 application? Or, can you simply submit the s.73 after the submission of the extension and just wait until the extension is determined first before determining the s.73? The guidance, Greater Flexibility for Planning Permissions discusses this at sec.68. In my view the key is the interpretation of the term ‘made’. Does this simply mean submitted or is it referring to the whole application process ending in determination?

Former Member, Addaswyd 13 Years yn ôl.

Re: Greater Flexibility = More head scratching!!

An extension of time application creates a new permission so a s73 application would have to wait for the new permission to exist. That is what para 69 of the guidance says in effect. The alternative would be to submit the s73 application first to create a new permission (with same old time limit) and then apply to extend that new permision with an extension of time application. It is all very long winded because the extension of time process does not renew the original permission or in fact extend it at all - that would have required primary legislation. Hence a lot of confusion about the process.