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Planning timescales

 

Major applications

Major applications are defined in planning terms as:

  • the winning and working of minerals or the use of land for mineral-working deposits
  • waste development
  • the provision of dwelling houses where the number of dwelling houses to be provided is ten or more
  • the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the number of dwelling houses to be provided is 10 or more
  • the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more
  • development is carried out on a site having an area of one hectare or more.

Major applications could include outline, reserved matters or full applications.

Major developments should be determined (decided) within 13 weeks of an application being received, unless the development is subject to an Environmental Impact Assessment (EIA), in which case the application should be determined within 16 weeks.

In all cases an extension of time may be granted if agreed in writing by the applicant within the statutory period.

 

Minor applications

Other planning applications which do not count as major development should be determined (decided) within 8 weeks of an application being received, unless an extension of time has been agreed in writing by the applicant within the 8-week statutory period.

 

Listed building consent

Listed building consent applications which do not also require planning permission should be determined (decided) within 8 weeks of an application being received, unless an extension of time has been agreed in writing by the applicant within the 8 week statutory period.

 

Prior Approval

For certain classes of permitted development, there is the need to submit an application to the Local Planning Authority for its 'Prior Approval; or to determine if its 'Prior Approval' will be required. The timescales for these to be decided are complex – refer to Planning Portal Prior Approval for more detail.

 

Reserved matters

Timescales for reserved matters applications are the same as for major or minor planning applications, according to whether the scheme is classed as major or minor development.

 

Discharge of conditions

Applications to discharge conditions should be determined (decided) within 8 weeks of an application being received, unless an extension of time has been agreed in writing by the applicant within the 8 week statutory period.

Conditions (with some specific exceptions including contaminated land and drainage conditions) can be "deemed discharged" under the provisions within the Town and Country Planning (Development Management Procedure) Order 2015 if they are not determined within the 8-week statutory period; are not subject to an extension of time agreed in writing and; where the applicant has submitted a formal Deemed Discharge Notice within the required timescale.

 

Non-material amendments

Applications for non-material amendments should be determined (decided) within 28 days of an application being received, unless an extension of time has been agreed in writing by the applicant.

 

Tree works

Tree Preservation Order (TPO) tree work applications are determined in 8 weeks.

Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require a notification to be sent to the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies. The work may go ahead before the end of the 6-week period if the local planning authority gives consent, or at the end of the 6-week period if the authority raises no objection. This notice period gives the authority an opportunity to consider whether to make a Tree Preservation Order on the tree.

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