validations and extensions to time - Public forum - Planning Advisory Service (PAS)

See Para 11 of the 'Greater flexibility for planning' document.... it would seem you have the discretion to allow this application to continue.

I'll second Evelyn's reply! - the important fact is that an application was received before the original permission expired - its validity is another question.

I have just been asked a question by an applicant relating to the extension of time application forms and the ability to extend the life of an extant permission. Q5 of the form relating to eligibility says 'Was the existing planning permission extant on 1st october 2010? to which he has said yes. However the 2010 extant permission was itself an extension of time granted permission in 2005 (5 year permission) which itslef was an extension of time of a 2001 permission. Technically he has answered the question correctly, but section 6 of the Greater flexability for planning permissions says that only one extension to each permission is possible, but each sucessful permission to extend is a new permission. This seems to me to be ambiguous wording. So the question I have is inlight of this is - can the applicant seek to extend the life of the permsiion for a 3rd time?

I asked DCLG a similar question last October and this was their reply; "The amended provisions would apply to extant planning permissions granted on or before 1 October 2010, which could potentially include replacement planning permissions subject to a new time limit for implementation granted on or before that date. As you may be aware, the Government announced on 16 October 2012 that Lord Matthew Taylor of Goss Moor would lead and chair an external group conducting a review of the existing 6,000 pages of planning practice guidance which supports the implementation of national planning policy, and which the Department for Communities and Local Government owns or has jointly badged with other Government Departments or agencies. Any amendments to 'greater flexibility for planning permissions' will be considered in the light of the review's recommendations on the overall shape of government planning practice guidance."

So ..to clarify a response to John's Question, it seems that a permission can be extended more than the one time suggested in the 'Greater Flexibilty..' advice note. Any dissenters out there?

As you are advising that the orignal 2009 permission is no longer extant then how can there still be an orignal permission to extend. If the permission lapsed during the processing of the invlaid extension applciation then to my mind this is tough. As no valid applicaion to extned was submited in the extant tiem period of the orignal consent he would now have to apply for a new planning permission.

There is another general point here... can you invoke this procedure more than once provided the permission is not out of time when you apply? (see para 6 of the DCLG out of date 'Greater Flexibilty for pp's' advice)

My view is that if the original permission was valid when the application was made, then it can be dealt with, even if the application is invalid. However, once the permission has been extended using the new regulations, it cannot then be extended again.

In answer to Gordon, I think you can - now that the date for making such an application has been changed from 1st Oct 2009 to 1st Oct 2010. The wording in the Greater Flexibility guidance (“only one extension will be possible” )was not a restriction but a statement of fact : it was impossible for someone to have an extension of time granted prior to 1st October 2009 when the SI was made (original SI is here: http://www.legislation.gov.uk/uksi/2010/2184/article/18/made ). Now that the deadline has shifted to 1st Oct 2010, if extensions granted between 1st October 2009 and 1st October 2010 are planning permissions in their own right they can therefore be extended.