Somerset County Council
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Apply to extend the time limit for the implementation of an existing planning permission

 
Apply for a new planning permission to extend the time limit for implementation of an existing planning permission. This can also be used to replace a consent for an associated listed building and/or conservation area in order to extend the time limit for implementation.

About this service
Due to recent changes in legislation, a new procedure and application form has been introduced by Central Government. The forms will extend the time limit for implementation of a planning permission and replace associated listed building and/or conservation area consents in order to extend the time limit for implementation. For further details please refer to the Information and Resources section.

It is not possible to use these new procedures where the development has already commenced, where the permission or consent has already expired at the time of application, or where the permission/consent was granted after 1 October 2009. In those cases, a new application would have to be made. It is also not possible to use this procedure solely to extend the time limit for submission of reserved matters. Applicants would have to seek a replacement for the outline permission itself, which if successful would create new time limits for the submission of reserved matters and for subsequent implementation.

Who can use it?
An applicant or agent who submitted the original planning application can apply to extend the period of implementation.

How do I use it?
You will have to submit your application on the Application for a new planning permission to replace an extant planning permission form in order to extend the time limit for implementation.

We encourage you to read our Planning Control Pre-Application Advice Protocol before submitting an application. The Protocol sets out the benefits of seeking free, pre-application advice, what you can expect from us during the process, and what we expect from you. Please contact us to discuss your proposals before submitting an application.

What happens next?
When we receive a valid application we will write to you acknowledging receipt and will inform you of the name of the officer dealing with your application.

If your application is granted, the result will be a new planning permission/consent with a new time limit or limits. The original permission will continue to exist whatever the outcome of this application.

What is covered?
Planning permissions are granted subject to time limits for implementation, which are set out in a planning condition. This condition will specify that the development must be begun before a certain date. Under s. 91 of the Town and Country Planning Act 1990, there is a default time limit of three years for a full planning permission. Section 92 deals with time limits for outline permissions, where there is a default time limit of three years for submission of reserved matters, and a further two years for implementation following final approval of the last of the reserved matters. We have discretion to impose different time limits, if there are good planning reasons for doing so.

How long does it take?
We will endeavour to determine major applications within 13 weeks, and minor applications within 8 weeks of receipt of a valid application. 

How much does it cost?
Until the fees regulations are amended (expected to be in late November/ early December 2009), the fee payable for this type of application will be the same as if the application were for a new planning permission. There is no fee for the element of this application which is in respect of a listed building or conservation area consent.  Please see the Schedule of planning fees for details which you can find in the Information and Resources section.

Policy
The Code of Planning Practice provides a clear statement of expectation of conduct and procedures to be followed, so that decisions are made and can be seen to have been made in a proper manner. 

General
Please read the Planning Control Pre-application Advice Protocol before submitting an application.

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