My planning permission is about to expire! What can I do?

You secure planning permission for your development and, before you know it, the expiration date is approaching. At that point, an important question arises: do you commence development to keep the permission alive, or do you submit a fresh planning application? This article is intended as a general guide, exploring how long planning permission lasts and your potential options if expiry is fast approaching. For the most up-to-date guidance, contact one of our team to discuss the individual merits, issues and options of your particular project.  

Commencing development vs resubmitting an application 

This is a complex area of planning law and policy, and one we regularly advise clients on. The right approach will depend on your site, your programme, the conditions attached to the permission and the current planning policy backdrop. 

In short, most planning permissions expire after three years if development has not lawfully commenced. If that deadline is approaching, you will usually need to either: 

• properly commence development in accordance with the permission; or 
• submit a new planning application. 

Understanding the risks and implications of each route is critical. 

How long does planning permission last? Types and time limits  

All planning permissions are granted with a time limit. If development does not lawfully start within that period, the permission will normally expire. 

For planning permissions granted after 1 October 2010, there is no mechanism to extend the time allowed to commence development once it has expired. While temporary extensions were introduced during the COVID-19 pandemic, these measures no longer apply.  

In practical terms, this means that if a permission expires, it usually cannot be revived. 

The type of planning permission you hold is important, as it affects both the timescales involved and your available options. 

Outline planning permission 

With outline planning permission, approval is granted for the principle of development only. You will usually have: 

• Three years to submit an application for the reserved matters (such as appearance, layout, scale and landscaping); and 
• Two years from the date of the final reserved matters approval to discharge any relevant pre-commencement conditions and begin development on site. 

If development does not lawfully commence within these timeframes, the permission will normally lapse. 

Full planning permission 

With a full planning permission, the approved scheme must usually be started within three years of the decision date. 

Before any works can begin, all relevant pre-commencement conditions must be formally discharged by the local planning authority. Starting work on site without doing so can place the validity of the permission at risk. 

What if my planning permission expiry date is approaching? 

If the time limit is approaching and development has not yet started, there are typically two realistic options: 

• lawfully commence development in accordance with the permission; or 
• submit a new planning application. 

Each route carries different risks, costs and strategic implications. There is rarely a single ‘right’ answer, and the most appropriate approach will depend on factors such as policy changes, site circumstances, development funding and programme timescales. 

Commencing development to keep a permission alive 

Commencing development involves carrying out lawful works on site that constitute the implementation of the planning permission. If done correctly, this keeps the permission alive indefinitely. 

This approach can be attractive, particularly where: 

• planning policy has changed since permission was granted; 
• the land value is tied closely to an implemented consent; or 
• there is concern about securing permission again under a different policy framework. 

However, commencement must be approached carefully. 

Discharging pre-commencement conditions 

All relevant pre-commencement conditions must be formally discharged by the local planning authority before works start. If works are carried out prematurely, the council may argue that the development was not lawfully commenced, placing the permission at risk. 

What counts as lawful commencement of development? 

Commencement is not as simple as ‘putting a spade in the ground’. Works must: 

• be genuine and material; 
• relate directly to the approved development; and 
• follow the discharge of all necessary pre-commencement conditions. 

Typical commencement works may include excavations for foundations or drainage, provided these are clearly linked to the approved scheme. Token or speculative works can be challenged, particularly if evidence is weak or conditions were not properly addressed. 

Evidencing commencement and certificates of lawfulness 

Given the stakes involved, it is often advisable to apply for a Certificate of Lawfulness to formally confirm that development has lawfully commenced. This can be particularly important for land sales, financing, or longer-term development programmes. 

Our planning consultants regularly advise on what constitutes commencement and how best to evidence it to reduce risk. 

Section 106 and CIL considerations 

Commencing development may trigger obligations under a Section 106 agreement and/or the Community Infrastructure Levy (CIL). These can have significant financial and programme implications. 

Careful planning is required to understand: 

• what obligations are triggered on commencement; 
• what notices need to be submitted; and 
• whether there is scope to vary or manage liabilities as part of a wider development strategy. 

Resubmitting a planning application  

If there is insufficient time to discharge conditions or you are not in a position to commence development, resubmission may be the only realistic option. 

This route should not be underestimated. Planning policy may have changed since the original approval, including updates to the local plan or national policy. As a result: 

• additional assessments may be required – e.g. updated Ecology reports; 
• consultee responses may differ; and 
• the planning balance may shift. 

While the planning history of a site is a material consideration, a previous approval does not guarantee that permission will be granted again. Each application must be assessed on its own merits against the policy framework in place at the time of determination. 

Should I reapply or commence development? A useful example from Ashford 

A recent approval for a replacement five-bedroom dwelling in Ashford, Kent, provides a useful illustration of these considerations. 

In this case, planning policy had changed since the original permission was granted. We advised our client on the pros and cons of commencement versus resubmission, taking into account their development programme, risk appetite and the evolving policy context. 

As such, the client opted to pursue a fresh application. We devised and implemented a tailored planning strategy, preparing a robust submission that addressed updated policy requirements and material considerations. Despite changes to both local policy and national guidance, planning permission was successfully secured, enabling the project to move forward with confidence. 

Frequently asked questions about expiration of planning permissions

• How long does planning permission last? 

  Most full planning permissions expire after three years if development has not lawfully commenced. 

• Can I extend planning permission? 

  For permissions granted after 1 October 2010, there is no mechanism to extend the commencement period. 

• What happens if I start work without discharging conditions? 

  Works may not be considered lawful, and the permission could be in breach and open to enforcement. 

• Can a council dispute whether development has commenced? 

  Yes. This is why evidencing commencement properly, and often securing a Certificate of Lawfulness, is important. 

• Is it easier to get permission again if I had it before? 

  Not necessarily. While planning history is relevant, applications are assessed against current policy. 

Working with Plainview Planning on your planning permission  

At Plainview Planning, we help homeowners, landowners and small developers unlock the potential of their sites. We specialise in householder applications, small housing schemes and boutique commercial projects, where careful analysis, creative thinking and a strong understanding of planning policy make a real difference.    

We are part of the McLoughlin Planning Group, a wider team of chartered town planners providing strategic and commercially-minded planning advice across England and Wales.  This collaboration allows us to support projects at every scale, while ensuring clients work with the team best suited to their needs.    

For larger, strategic or complex schemes, our colleagues at McLoughlin Planning can assist.  For householder projects, smaller developments or independent commercial proposals, the Plainview Planning team would be delighted to help.    

Deciding whether to commence development or resubmit a planning application is a complex strategic decision. Our knowledge, experience and understanding of planning law and policy enable us to guide clients through this process with clarity and confidence. 

If your planning permission is approaching expiry, or you are unsure about your next steps, feel free to complete our contact form, email enquiries@plainview.co.uk or call 01242 501003, providing your site address and a brief summary of your project.     

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.