Planning Permission Expiry – How Long is Planning Permission Valid?

After successfully obtaining planning permission for your property or land, you might find yourself wondering how long you have to begin the construction work. This article addresses common questions about the duration of planning permissions, the consequences of expired permissions, and the available options for extending or renewing them.

Key Topics:

• How long is planning permission valid?
• How can I prevent my planning permission from expiring or protect an expiring permission?
• How do I begin implementing my planning permission?
• Is it possible to extend a planning permission?
• What happens when planning permission expires?
• How Long Is Planning Permission Valid Once Construction Has Begun?
• Frequently Asked Questions
• Ready to start your project?

How long is planning permission valid?

For full planning permission, unless otherwise specified by the local authority, you typically have 3 years from the approval date to begin the construction work. This period has been in place since the introduction of the Town and Country Planning Act 1968, designed to avoid an accumulation of unused permissions. If work doesn’t start within the 3 years, the permission expires and you would need to apply again. Note that reapplying doesn’t guarantee approval, as regulations or design guidelines may have changed.

For outline planning permission, the timeline is slightly different. You must submit the necessary “reserved matters” application within 3 years of the approval. After the reserved matters are approved, you have an additional 2 years to begin implementing the permission. This gives you up to 5 years in total to commence the development under an outline planning permission.

There are exceptions to the 3-year rule, though these are rare and would be clearly stated in your planning notice.

How Can I Prevent My Planning Permission from Expiring or Protect an Expiring Permission?

If your planning permission is nearing its expiration, here are a few options to safeguard it:

1. Start construction within 3 years of approval, which may include fulfilling any pre commencement conditions.
2. Submit a new planning application to reapply for permission.

Even minor activities like partial demolition or digging for foundations can count as the start of construction. If you’re unsure, it’s a good idea to check with the local planning authority to confirm if your planned or ongoing activities qualify as implementation.

In addition to starting physical work, you must also ensure any relevant pre-commencement conditions are met. These conditions, listed in the planning approval notice, must be discharged before construction begins. For instance, you might need to submit a construction management plan for approval before you can start.

Is it possible to extend a planning permission?

No, you cannot directly extend or renew an expiring planning permission. Historically, permissions granted before October 2010 could be extended, but this practice has ended. Following the Covid-19 pandemic, the government allowed an automatic extension for permissions due to expire between March 23 and December 31, 2020, until April 1, 2021.

However, you can reapply for a new planning application, which involves the usual costs and timeframes. While an expired permission will be considered when reviewing a new application, it’s not guaranteed that the local authority will approve the same design again.

What happens when planning permission expires?

If work hasn’t started within the 3-year period, the planning permission will expire. You’ll need to submit a new planning application if you wish to proceed with the project.

How Long Is Planning Permission Valid Once Construction Has Begun?

Once construction begins and planning permission is deemed implemented, there is no further expiration date. This means the permission is considered valid indefinitely.

In some cases, you may choose to phase your construction to minimize disruption or manage costs. For example, if a roof extension is completed within 3 years but the ground floor extension is delayed, the ground floor can still proceed without a new application, as long as the roof extension was implemented first.

Occasionally, if a development has started but is not completed in a timely manner, the local authority may issue a completion notice, which requires the project to be finished within 12 months. This ensures construction sites don’t remain vacant for extended periods.

Frequently Asked Questions

What happens when planning permission runs out?

If construction has not commenced within 3 years of approval, the planning permission will have expired. At this point, you are not lawfully able to implement an expired permission and must apply again for full planning permission.

Do all planning conditions need to be discharged?

Yes, ultimately all conditions will need to be discharged or removed/varied. There are different timescales for when planning conditions need to be discharged. These timescales will be noted on your planning notice. For example, a ‘pre-commencement condition’ will have to be discharged prior to the commencement of the development. Or, a ‘pre-occupation condition’ will have to be discharged prior to occupation of the building.

What is retrospective planning permission?

‘Retrospective planning permission’ is a specific type of permission sought after unauthorised use of land or works have been carried out and may follow an enforcement notice. In this case, a building or part of a building has been constructed without the relevant planning permission (or approval of condition). In order to regularise the works that have been carried out, retrospective permission must be applied for. This is different to re-applying after an expired permission.

How long does it take to get planning permission?

Normally around 8 weeks, but it could be longer depending on how large or controversial the plans are.