Planning permission normally lasts for three years and after those three years, the permission expires. If you had not implemented the permission already, you would need to re-apply. Depending on your particular circumstances, it might be worth implementing the scheme before the end of three years, even if you do not think you will carry on straight away.
There could be many different reasons to not complete development – whether you intend to sell the site with the benefit of planning permission, the scheme is not financially viable at present, or the winter months make construction difficult. Whatever the reason, it is important to start work before the end of the expiry date if you do not want to lose your planning permission.
What it takes to start development will vary depending on the description and scale of development. You will also need to pay attention to any conditions on the planning permission that require further details to be approved before development starts.
We can advise the best way to implement development to protect your permission and satisfy the Local Authority without having to progress fully. Examples of solutions we’ve found for our clients include:
Whichever way you intend to start developing it is also helpful, and sometimes essential, to secure a ‘certificate of lawful development‘ from the relevant Council. We successfully did this in both examples above. This certificate is a legal document that confirms that the development has lawfully started and that the rest of the development can continue after the expiry of three years. This is important if you were to sell the site and the new owner wants the reassurance that the approved development can be completed.
It is important to remember that applications for a certificate of lawful development need to be made before the end of three years and good evidence is required to demonstrate the work has started.
It is also useful to be aware that you can request a longer expiry date, sometimes of up to five years on your planning permission. You will need to have a good reason to request this, but that is worth considering in advance.
We have been very successful with applications for certificates for the commencement of development and would be pleased to review what is needed to start your development, whether a certificate is needed and what evidence you should have to support the application. Get in touch for further information.
