Once planning permission has been granted, a common question is how to prevent that permission from expiring before development can begin.

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This article explains the legal position under English planning law and sets out the lawful options available to ensure planning permission does not lapse.

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When does planning permission expire?

Under section 91 of the Town and Country Planning Act 1990, full planning permission will normally lapse if development has not begun within three years of the date of the decision notice, unless a different period is specified by condition.

(Town and Country Planning Act 1990, s.91)

Outline planning permission is governed separately under section 92, which establishes different time limits linked to the submission and approval of reserved matters.

(Town and Country Planning Act 1990, s.92)

Full Planning Permission: How to prevent expiry

If development cannot commence immediately, there are two lawful routes to prevent full planning permission from lapsing.

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1. Make a lawful material start on site

Planning permission is preserved if development has lawfully begun before the expiry date.

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What constitutes the start of development is defined in section 56(4) of the Town and Country Planning Act 1990, which lists examples of a “material operation”, including:

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• Any work of construction in the course of erecting a building

• Digging a trench for foundations

• Laying underground services

• Constructing a road or access required by the permission
  (Town and Country Planning Act 1990, s.56(4))

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In practice, a material start commonly involves:

• Submission of a Building Control application

• Excavation and construction of foundations

• Inspection records evidencing the date works commenced

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⚠ Important
All pre-commencement planning conditions must be formally discharged before any material operation begins.
If works commence without satisfying those conditions, the start may be unlawful and the planning permission may still lapse.
(Planning Practice Guidance: “When is development begun?”)

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Visibility splays and access works

Where access works or visibility splays are required by condition and form part of the approved development, carrying them out in accordance with the permission may constitute material development. This is dependent on the wording of the conditions and the approved plans.
(Planning Practice Guidance: “When is development begun?”)

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Enforcement and incomplete development

Once a lawful material start has been made, the planning permission does not expire, even if development pauses.

However:

• Local Planning Authorities retain enforcement powers where conditions are breached or amenity harm arises
  (Town and Country Planning Act 1990, Part VII)

• Building Control may intervene where works breach Building Regulations or present safety risks, but does not require a project to be completed

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2. Submit a fresh planning application

There is no longer any mechanism in English planning law to “renew” or extend a planning permission.

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The former time-extension provisions expired in 2012. Any further application is legally treated as a new planning application, assessed against current planning policy.
(Localism Act 2011; Planning Practice Guidance)

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Key points:

• The application is assessed afresh

• Fees are payable in accordance with the current Fees Regulations

• There is no automatic fee reduction

• Approval is not guaranteed
  (Town and Country Planning (Fees for Applications) Regulations 2012, as amended)

Early engagement is advisable where policy circumstances may have changed.

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Outline Planning Permission: How to prevent expiry

Outline planning permission is subject to statutory time limits under section 92 of the 1990 Act.

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Option 1: Submit a Reserved Matters application

This is the most common and secure route.

Reserved matters must be submitted:

• Within the period specified in the outline permission (typically three years)

• In full compliance with the outline conditions
  (Town and Country Planning Act 1990, s.92)

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Once reserved matters are approved:

• Development must usually begin within two years of approval

• The outline permission remains extant

Time limits may vary where expressly stated in the decision notice.

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Option 2: Submit a fresh outline planning application

There is no outline “renewal” process.

A new outline application:

• Is assessed against current policy

• Requires payment of the appropriate fee

• Resets statutory time limits if approved

Key considerations before proceeding

• Always review and discharge pre-commencement conditions before starting work

• Retain evidence of a lawful material start (inspection records, dated photographs, invoices)

• Planning policy may change between approval and commencement

• Professional advice reduces the risk of unlawful commencement or lapse

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Summary

Type of permission                     Lawful way to prevent expiry

Full planning                               Make a lawful material start or submit a fresh application

Outline planning                        Submit reserved matters or submit a fresh outline application

“Renewal”                                   ❌ Not available in English planning law

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References (England)

• Town and Country Planning Act 1990, sections 56, 91, 92

• Planning Practice Guidance: When is development begun?

• Town and Country Planning (Fees for Applications) Regulations 2012 (as amended)

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Publication note

This article explains general planning law in England and does not constitute legal advice. Site-specific advice should always be obtained before commencing development.