12 October 2009

By Tim Axe, Partner, Planning and Environment

There always seem to be changes to the planning system and still more took effect on 1 October 2009.  The economic downturn has delayed some development and with permissions now only being valid for three yeras this can cause a problem.  So three main changes have been made which are intended to simplify the planning process and make life easier for developers.

• Extending the Life of a Permission:  If a permission is likely to expire you no longer need to make a full application for a new permission.  Instead you can simply apply to amend the condition which tells you when the permission will expire.  One advantage is that an applicant will not need to submit a Design and Access Statement or full sets of plans although a fee will be payable. 

If the application is approved a new permission will be granted.  It will be for exactly the same developmentbut more time will be given (usually three years) before it needs to be started.  On the downside, you can only use this procedure once to extend the life of any given permission, and if there have been any significant planning changes since the last permission was granted then the application may not succeed.

• Making Minor Material Amendments:  Planning permissions only permit the detailed scheme shown on the approved plans and so if you want to make changes to the plans when you come to build this can cause a problem.  In the past a completely new application may have been necessary.

There is now another way to overcome this problem (for which a fee will be payable) but only if there is a condition attached to the permission which lists the approved plans.  If there is then you can apply to amend the condition by substitutuing revised plans in the list.  If successful (and once again this is not a rubber-stamping exercise) a new permission will be issued permitting the scheme shown on the revised plans.

• Making Non-Material Amendments:  A new section 96A has been added to the Town and Country Planning Act 1990 introducing a procedure to apply for approval of 'non-material' changes to a permitted scheme.  An application under this power should be determined within 28 days and unlike with other changes if approved it will amend the existing permission rather than grant a new one.  Unfortunately the term 'non-material' has not been defined which leaves it up to the Local Planning Authority to decide exactly what falls within its scope.

Any changes which help to simplify an increasingly complex planning system are to be welcomed.  Past mistakes are perhaps being recognised as the ability to extend the life of a permission by variation of condition takes us back to the position before 2004.  What should be taken on board is that the useful power to make minor material amendments will only be available in respect of permissions which have conditions listing the approved plans and so Local Planning authorities should be encouraged to use this type of condition more often.

Contact our team for more information.