Planning news and events

Flexibility in Planning Permissions

Date posted: 26 February 2010

The Government has introduced two changes which are designed, in part, to help with recovery from the economic downturn.

New regulations have brought into force the power to apply for an extension to the time limits for implementing an existing planning permission and the power to seek non-material amendments to an existing planning permission.

Extension to the time limits for implementing an existing planning permission

The regulations amend the procedure for applications which are made for a planning permission to replace an extant permission[1], for development which has not yet begun, with a new planning permission subject to a new time limit. It only applies where planning permission was granted on or before 1 October 2009. This allows planning permissions that are about to lapse to be kept alive via a simplified procedure including filling out an application form.

The Government believes that this is an appropriate response to the current economic downturn and will help developers to carry out developments that might otherwise not happen. In Richmond upon Thames, the adoption of the Core Strategy in April 2009, may raise new considerations for more complex schemes. The Government advise that the Council can consider new submissions from applicants on these matters, but it is recommended that applicants seek advice from the planning service first.

This power has been intended to cover all eligible permissions, not just major developments. Extensions will also be possible for Listed Building and Conservation area consents.

For such applications, the requirement to provide a design and access statement will not apply; consultation requirements are modified; and plans and drawings will not have to be provided.

The following fees shall be paid to the local planning authority for applications for a grant of replacement planning permission subject to a new

time limit:

• if the application is a householder application, £50;
• if the application is an application for major development, £500;
• in any other case, £170.

[1] A planning permission that can still be implemented, before the time limit set out in the decision notice has expired.

Non-material changes to an existing planning permission

1 October 2009 will also see the introduction of a Prior-Notification procedure for non-material amendments (currently dealt with by exchange of letter). This only applies to planning permission, not Listed Building or Conservation Area consents.

A new standard application form will be required, the determination period is 28 days, with 14 days for consultation with the land owner.

The following fees shall be paid to the local planning authority:

• if the application is a householder application, £25;
• in any other case, £170.

The Government has stated that this is being brought in for a number of reasons, namely to reduce the risk of challenge about the legality of decisions, to achieve consistency between different Local Planning Authorities and to ensure that they are entered on the public Planning Register. This might appear onerous to regular customers, the latest government advice suggests that some authorities were being too flexible in allowing non-material changes with an exchange of letters.

More information

Visit the Communities and Local Government website.

Changes to planning appeals procedure from 6 April 2009

Date posted: 1 April 2009

Significant changes to the appeals service are being brought due to new requirements introduced by the 2008 Planning Act.

These changes will primarily affect planning decisions refusing extensions and alterations of houses and ancillary development in their gardens. These applications normally have a suffix of HOT following their planning reference number

The main changes are as follows:

1. Applicants will need to appeal within 12 weeks of the decision (This was previously 6 months).
2. The appeal will rely on information provided at application stage.
3. No further comments of statements from the applicant/appellant, the Council or neighbours will be permitted at appeal stage.
4. Most householder appeals will be determined by the Planning Inspectorate in 8 weeks following receipt of the appeal.
5. The Householder Appeal will have to be submitted a Householder Appeals Service form; this can be downloaded from the following link www.planningportal.gov.uk

These changes do not affect other applications for relatively small developments, including any works to flats, developments (including domestic extensions) for which lawful development certifications are sought, subdivision of houses to form flats, or applications for alterations to listed buildings. The existing 6 month appeal period is retained for these.

Other changes will be made as a result of this legislation; these will affect appeals related to enforcement and larger or more complex development which is the subject of a Public Inquiry or aural Hearing. Further details of these can be obtained from the following electronic link to the Planning Inspectorate.www.planning-inspectorate.gov.uk.

Cabinet approves amendments to Sustainability Construction Checklist

Date posted: 11 December 2008

The following amendments to the Sustainable Construction Checklist SPD were approved on 11 December 2008 and include:

• 1 or more homes and 100 sqm or more of commercial development will be required to conform to the Sustainable Construction Checklist, including the requirement to meet the Code for Sustainable Homes level 3 (for new homes), Ecohomes "excellent" (for conversions) or BREEAM "excellent" (for other types of development) in accordance with policy CP1 of the adopted Core Strategy April 2009. An Energy Statement(pdf, 89KB) is likely to be required to be submitted with such applications.
• Increase the previous requirement for 10% on-site renewable energy to 20%, in line with London Plan policy 4A.7, unless it can be demonstrated that such provision is not feasible

Read the full document.

Changes to the Permitted Development Rights for houses

Date posted: 1 October 2008

The government has announced changes to the Permitted Development Rights for houses. These changes will come in to force on the 1 October. Information about the changes to the legislation are provided by the Office of Public Sector Information or general guidance by the Planning Portal.

These new regulations may mean you will not need permission to carry out the development in some cases and in others like new driveways it will mean that you will. Please check with the Planning Department before starting any work. The Planning Portal can help with their Interactive Householders Guide.

The Planning Department are currently reviewing the public information on Permitted Development and updated pages will appear shortly. Please refer to our Permitted Development Rights webpage.