Earlier this year, Communities and Local Government (CLG) issued a consultation paper that proposed measures to introduce greater flexibility into existing planning permissions: see EG, 18 July, p76.
The particular problem that prompted this proposal for government intervention was the perceived reduced take-up of existing permissions in the current economic circumstances. Where permissions lapse, there are costs and delays associated with providing and processing an application for fresh planning permission. This may also have the effect of holding back the flow of development through the planning pipeline.
However, CLG also considered that there was an additional need to clarify and streamline the process for making minor material amendments and that developers and local planning authorities should have greater flexibility to make non-material amendments to existing planning permissions.
In summary, the proposed changes are as follows:
Extention of time limits
CLG proposed that local planning authorities should be allowed, at a developer’s request, to grant a single extension to the time limit for implementation of any planning permission relating to a major development and that exists at the date on which the measures come into force. No other changes would be allowed under this process and a new planning permission would result.
Minor material changes
CLG recommended streamlining and clarifying the existing route provided by section 73 of the Town and Country Planning Act 1990 (the 1990 Act) for changes to conditions attached to existing planning permissions. At the same time, it recognised that this will depend on whether the relevant condition can be changed and it will not therefore be possible to address all possible minor material changes by this means.
Non-material changes
Section 190 of the Planning Act 2008 has already introduced a new section 96A into the 1990 Act. This provides a simple mechanism by which non-material changes can be made to an existing planning permission without the need to submit a new application. This is available to any party that has an interest in the land to which the planning permission relates. The CLG considered that this should now be brought into force.
What has happened since? The consultation period has now expired and CLG has published the necessary impact assessment, which indicates that considerable savings could flow from the proposed changes. However, what the assessment also tells us is that there have been successful calls on the CLG to allow extension of the time limit for implementing all existing planning permissions, not only those relating to major developments. It was pointed out, for instance, that many homes are covered by extant permissions for under 10 units and that, in the current climate, smaller schemes have a greater chance of being implemented and should therefore be encouraged.
Apart from a possible rethink on the levels of fixed fees that the various forms of application should attract CLG appears determined still to introduce all of these changes as a package on 1 October.
John Martin is a freelance writer
