Time extensions to planning applications

19th February 2018

Here at Plainview we work on a wide range of planning applications and many of our clients have pressing deadlines. Technically, a council should have 8 weeks to determine a planning application (or 13 weeks to determine a major application). However, a growing number of councils are making a habit of requesting extra time.  
Recent figures from Ministry of Housing, Communities & Local Government (MHCLG) shows that 39.5% of minor residential applications involve some form of time extension.
Sometimes there is a perfectly good reason for such a request, but all too often these requests are just buying time for cash strapped councils.
If a time extension is requested then an applicant is often faced with a catch-22 situation.

Option 1 – Decline the request

If you decline the request then the case officer is likely to prioritise those applications that have agreed time extensions. Your application could be left in limbo forcing you to go to non-determination appeal. This process could take 4-9 months depending on appeal type.

Option 2 – Accept the request

If you accept the time extension this may help relations with the case officer, but there is no guarantee that the officer will not ask for additional time extensions in the future.

Option 3 – Conditionally accept the request

If you are minded to accept an unreasonable time extension then be sure to do so on a conditional basis. There is no legal bite to such a structure, but at least it should focus the planning officer’s mind. For example, accepting a 3 week extension, but with the understanding that if a decision is not made within the newly agreed time frame a non-determination appeal will be submitted.
Below is a selection of performance statistics from some of the councils we have worked with recently:

Council % of applications where time extension required
Cambridge 77%
Wyre 75%
Staffordshire Moorlands 74%
West Dorset 73%
Winchester 70%
Brighton and Hove 62%
Arun 62%
Basingstoke and Deane 61%
Mid Sussex 59%
Greenwich 58%
Reading 57%
Bath and North East Somerset 57%
Chichester 54%
Camden 53%
Malvern Hills 53%
Guildford 50%
Horsham 50%
Tewkesbury 47%
Wychavon 46%
Cotswold 41%
Brent 35%
Braintree 32%
Chelmsford 31%
Stroud 31%
Maldon 30%
Barnet 26%
Source:  MHCLG for year ending September 2017

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