Planning Permission Renewal and Extension of Time
What to do when your planning permission is about to expire, how to apply for an extension of time, and the rules around renewing lapsed permissions.
Planning permission does not last forever. Most permissions expire after 3 years if work has not started. If your permission is about to lapse - or has already lapsed - here are your options.
How Long Does Planning Permission Last?
Standard planning permission must be commenced within 3 years of the date of the decision notice. This is a condition attached to every permission unless the council specifies a different period.
Other types of permission have different time limits:
- Outline planning permission: 3 years to submit reserved matters, then 2 years to start work after reserved matters are approved
- Listed building consent: 3 years
- Prior approval: 3 years (varies - check the decision notice)
- Conditions requiring discharge: the condition will state its own deadline
What Counts as "Starting Work"?
You only need to start the development within the time limit - you do not need to finish it. The legal definition of "material operations" that count as commencement includes:
- Digging a trench for foundations
- Laying any part of a foundation
- Digging a trench for a drain or sewer
- Any work of demolition
- Any construction work on the approved building
Historically, some developers would dig a single trench to "keep the permission alive." The courts have generally accepted this as valid commencement, provided the work was genuinely done to implement the permission and not just as a token gesture.
Can You Renew Expired Planning Permission?
Strictly speaking, you cannot "renew" a planning permission. Once it has lapsed, it is gone. However, you have several options:
1. Apply again
Submit a new planning application for the same or similar development. This is assessed on its own merits, taking into account current planning policies (which may have changed since the original permission). If the circumstances haven't changed materially, it is often approved again - but it is not guaranteed.
2. Apply before it expires
If your permission hasn't expired yet, you can submit a Section 73 application to vary the time condition. For example, you could apply to change "development must commence within 3 years" to "development must commence within 6 years." This is cheaper than a full new application and is often approved if circumstances haven't changed.
3. Start work before expiry
The simplest approach: carry out a material operation before the permission expires. This "commences" the development and the permission remains valid indefinitely (subject to any other conditions). Make sure the work is properly documented with photographs and a building control notification.
Fees
- New application: standard planning fee (currently £258 for householder, from £578 for other developments)
- Section 73 to extend time: £234 for householder, £462 for other minor developments
What If Policies Have Changed?
If the local plan has been updated since your original permission, a new application will be assessed against the new policies. This can work for or against you:
- New policies may be more permissive (e.g. relaxed density requirements)
- New policies may be more restrictive (e.g. new conservation area designation, updated design codes)
- Changes to the NPPF may also affect the decision
If you know your local plan is about to change, it may be worth applying sooner rather than later.
Practical Tips
- Set a reminder - note the expiry date of your permission and diarise a reminder 6 months before
- Start work early - even a small material operation is enough to keep the permission alive
- Keep evidence - photograph any commencement works and keep receipts. If there is ever a dispute about whether work started in time, you will need proof
- Check conditions - some conditions (like archaeology, ecology, or drainage) must be discharged before work starts. If you start work without discharging these, you may be in breach