The effect of Section 7 of the Bill is to permit planning authorities, on an application being made, to grant an extension or further extension to a planning permission for a period of up to two years or until 31 December whichever is the earlier on the same basis as before.
The extensions will not be automatic, they have to be applied for. If the planning permission expired since 8 January , then the application has to be made within six months. The position for permissions expiring before then remains uncertain. We have gone further to provide a two year extension because if we look through COVID, we have had 15, 16 or 17 months of disruption and by the time capacity is built up, particularly on construction sites, there is a further lag time.
Again, this is a practical measure that will help people to extend their planning permissions and then we can get back out, effect those permissions and get them building. Once you have compiled all of the information, please submit it to planning. Once the required information is received, we have 28 days to make our decision, unless you agree to a longer period.
Planning applications. Go to Public Access to view applications and comment. You are here Home » Planning » Planning applications. Outline Planning Permission Outline Permission that would, or has expired between 19 August and 31 December is now automatically extended until 1 May ; Outline permission that has expired between 23 March and 18 August , will require an application for Additional Environmental Approval.
Applications should be determined by the local planning authority within 28 days from the sending of the application. Applicants and local planning authorities can agree an extension to the day period, but the total of the extension should not exceed 21 days in order to ensure that decisions are made as quickly as possible.
Any such agreement must be in writing. If the application is not determined in the day timescale or, where the applicant and local authority have agreed in writing to an extension of not more than 21 days, the timescale as extended , the Additional Environmental Approval is deemed to be granted.
If an application cannot properly be considered within the extended timescale, the authority should refuse the application so that there is not a deemed grant of approval. If it is clear that there has been a change in the environmental circumstances of the development which would make the previous Environmental Impact Assessment or Habitats Regulation Assessment out of date, the Additional Environmental Approval should be refused, meaning that the planning permission would not be extended.
In these circumstances, there is no point in applying for Additional Environmental Approval and the applicant would need to submit a new planning application if they wished to commence the development. The legislation requires that sufficient information be provided with the application to allow the local planning authority to reach a decision as to whether Additional Environmental Approval should be granted. The local planning authority should first form a view on whether it has sufficient information.
It should do as soon as practicable after receiving the application. If the local planning authority considers that insufficient information has been provided, then it should write to the applicant explaining that the application as submitted does not comply with the legislation, and the authority is accordingly unable to entertain the application, unless and until sufficient information is provided.
If the applicant then submits further information to the local planning authority, such that the information submitted as a whole is sufficient, then the local planning authority should go on to determine the application.
In this case, the determination period 28 days or as extended by agreement will only begin to run from the date on which sufficient information was sent. Applicants should ensure that all material which is likely to be relevant is included within the application for Additional Environmental Approval. Further substantive information should not be submitted during the determination period.
The local planning authority is entitled to sufficient information at the start of the day period. If during the determination period it becomes apparent that the local planning authority cannot determine whether the EIA and Habitats requirements are met without further substantive information from the applicant, the authority should refuse Additional Environmental Approval.
An applicant may then make a new application for Additional Environmental Approval containing further information so that the authority can deal with it in a fresh day period. It should not be necessary for applicants to carry out any additional on-site surveys. The majority of information for determining whether the original Environmental Impact Assessment or Habitats Regulation Assessment is still up to date can be obtained by reviewing existing surveys and evidence.
In some circumstances, it may be that a new desktop survey will assist in demonstrating that the previous Environmental Impact Assessment or Habitats Regulation Assessment remains up to date. If it is felt necessary to submit further substantive environmental information, this is an indication that the previous assessments may not remain up to date.
In these circumstances it would be more appropriate to submit a new planning application rather than seek an Additional Environmental Approval. It should be noted that this legislation does not affect any need to obtain a protected species mitigation licence.
Local planning authorities will need to make a decision within 28 days or as extended by agreement. The legislation does not require local planning authorities to undertake any specific consultation. However, within this period, LPAs may if they consider it necessary engage relevant ward councillors and others who they consider will have appropriate expertise. Any engagement should be clear that the only questions are whether Environmental Impact Assessment or Habitats Regulation Assessment are required and, if so, whether the previous Environmental Impact Assessment or Habitats Regulations Assessment remains up to date.
There is no statutory requirement to publicise applications for Additional Environmental Approval, similar to a discharge of condition or a section 96A non-material amendment.
There is no statutory requirement for an applicant to engage with the public prior to an application for Additional Environmental Approval being submitted. The process only considers whether Environmental Impact Assessment or Habitats Regulation Assessment are required and, if so, whether the previous Environmental Impact Assessment or Habitats Regulations Assessment is still up to date. There is no statutory requirement for a local planning authority to consult with statutory consultees, though they may do so if they consider it appropriate.
For example, a local planning authority may wish to consult with statutory consultees where there are specific complex issues, but they should ensure that a decision can still be made within the day determination period.
Complex issues could arise if environmental circumstances have changed since permission was granted, such as flood risk or groundwater vulnerability has increased, or if recent uses or new information about historic uses have increased land contamination risks. Local planning authorities should cite the reason for consultation when seeking advice from statutory consultees. Applicants are encouraged to consider utilising the paid for services provided by Natural England and Environment Agency to address any particular complex issues prior to submitting an application for Additional Environmental Approval.
This is a matter for the local planning authority. However, given the default requirement for decisions to be made within 28 days, local planning authorities should ensure that their local delegation arrangements facilitate the issuing of a decision within the time limit. Local planning register authorities will be required to update their local planning registers to include applications for and decisions relating to Additional Environmental Approval under these measures.
Conditions may not be attached to the grant of Additional Environmental Approval. The grant of Additional Environmental Approval does not amount to a planning permission. It leads to a statutory amendment of the condition governing time for commencement on the previous planning permission.
If new conditions are required in order to make the development acceptable, then Additional Environmental Approval should be refused. Again, this subjective condition would be at the discretion of the planning authority. How long does outline planning permission last? Get professional advice Using a good architect will give you the best chance of gaining planning approval and their input and prior knowledge can be invaluable in terms of navigating the planning system and provide the best outcome in relation to your brief.
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