Environment

The following legislation changes are being introduced on 1 October 2009.

1. Extension of lifetime of existing planning permissions
   New powers are being introduced to allow the time limit for an existing planning permission, conservation area consent or listed building consent to be extended. Only one extension of time will be allowed.
   This change only applies to permissions granted on or before 1st October 2009, which are live at the date of the application and where development has not yet begun.
   A specific application form for this type of application will be available from 1 October 2009. There will be no requirement to provide plans and drawings and a design and access statement for these applications.
   The fees will be £500 for major developments, £50 for householder developments and £170 for other sizes of development. However, Parliamentary approval is needed however, before the new charges can be introduced. Until then the fee will be the same as if it were a wholly new application.
   This is a temporary measure which will apply to all permissions that are still live at the time the new legislation comes into force: the measure will therefore in most cases be in operation for up to three years (depending on the length of time which each individual permission has left to run).
   The Local Planning Authority will have the discretion to refuse the extension and to require a new application instead.
2. Minor material amendments to planning permissions through the use of s.73 of the Town and Country Planning Act 1990
   A legislation change is being introduced which modifies the consultation requirements for applications made to vary conditions attached to a previous permission under Section 73 of the Town and Country Planning Act 1990.
   In addition the requirement to provide information sufficient to identify the previous permission will no longer apply to these applications.
   At present, when a developer wants to make a small, but material, change to a scheme that already has planning permission, it is often necessary to submit a further full planning application, which can lead to considerable delay, cost and uncertainty for the applicant and additional work for the Local Planning Authority. The government is therefore encouraging the use of this existing element of legislative which gives applicants the opportunity to change the terms of one condition attached to a planning permission, rather than the permission as a whole.
3. Non-material amendments to planning permissions (NMA’s)
   It will be possible to apply to make non-material amendments to existing planning permissions under s.96A of the Town and Country Planning Act 1990 (introduced by s.190 of the Planning Act 2008). However, this provision does not apply to Conservation Area and Listed Building Consents.
   Applicants must apply on a standard application form which will be available from 1 October. The new application form will require include land ownership and agricultural holding certificates to be completed.
   There is no fee for these applications at this stage but it is anticipated that a fee may be introduced later.
   The Council must give notice of its decision on these applications within 28 days