Q&As

If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?

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Published on LexisPSL on 18/12/2017

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?
  • Implementation of planning permission
  • Time limits for implementation
  • When development is ‘begun’
  • Multiple planning permissions

Implementation of planning permission

The first thing to check is whether the previous planning permission has been implemented. A previously granted planning permission will only still benefit the site if:

  1. all pre-commencement conditions have been adequately satisfied

  2. the time limits set by condition for starting the development and/or submitting reserved matters have not expired, or

  3. the development has ‘begun’, ie material operations comprising the development or the use authorised by the permission have been initiated before those deadlines expire

Time limits for implementation

Section 91 of the Town and Country Planning Act 1990 (TCPA 1990) requires that every planning permission must contain a planning condition limiting the time within which the permission can be implemented.

The relevant time limit for commencing the development is not later than the expiration of three years, beginning with the date on which the permission is granted, or such other period (whether longer or shorter) as the local planning authority may impose. See Practice Note: Implementing planning permission.

If permission is granted without a time-limiting condition, a condition subject to the standard time limits is deemed to have been imposed. See Practice Note: Planning conditions—key points.

An outline permission must contain conditions requiring:

  1. submission

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