Extending the time limit for implementing existing permissions

New legislation came into effect on 1 October 2009 which allows the Council to extend the time limit for implementation of an existing planning permission.  The key points are as follows:

• Applications can only be made in respect of applications which are extant both on 1 October and at the time of the application.
• Outline permissions can be extended provided the time limit for submission of reserved matters has not expired or reserved matters were submitted in accordance with the time limits but the time for commencement has not yet expired.
• The provisions also apply to listed building/conservation area consents.
• The applicant does not have to be the original applicant or have a legal interest in the land but in practice, copyright considerations mean that in most cases, it will be the original applicant.
• Notice has to be served by the applicant on any owner as for a new application.
• No Design and Access Statement is necessary.
• There is a standard application form on the Dartford website and on the Planning Portal.
• The fees for an application will be £500 for major development, £50 for householders and £170 in all other cases as from 26th February 2010.
• The normal neighbour notification and consultation requirements apply.
• The Council will take the development plan and material considerations into account and will focus their attention on national and development plan policies, and other material considerations which may have changed significantly since the original grant of permission.
• The application is a new application under the 1999 Environmental Impact Assessment Regulations.  Where the development is listed under either Schedule 1 or 2 to the 1999 Regulations, and satisfies the criteria or thresholds set, the Council will need to carry out a new screening exercise and give an opinion whether EIA is necessary.
• Applications and decisions must go on the planning register.
• Decisions are subject to the normal time limits for applications, i.e., 16, 13 or 8 weeks.
• Normal rights of appeal apply.

Government guidance on the new legislation was issued in November 2009.