Regulations

New fee regulations came into force on Friday 26th February 2010 which will make it considerably cheaper for developers to obtain an extension of an existing planning permission granted before 1st October 2009 which has not yet expired or to apply for minor amendments to an existing permission.

The Town and Country Planning (General Development Procedure) (Amendment No.3) (England) Order 2009 came into force on 1st October 2009 and made two significant changes to the planning regime as follows:

  1. it allowed non-material changes to be made to existing planning permissions without the need for a new application; and
  2. it allowed planning permissions and listed building consents granted before 1st October 2009 which are still "alive" (i.e. the time limit imposed for commencement of development has not yet expired) to be extended by means of an application to extend the time limit.

As a temporary measure, pending the introduction of the new fee regulations, the fee payable for either of these types of application was the same fee as would have been payable for a wholly new application - often many thousands of pounds. However, following the coming into force of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010, the new position on fees payable is as follows:

Applications for non-material changes to planning permission

  1. if the application is a householder application - £25
  2. in any other case - £170

Applications for the grant of a replacement planning permission subject to a new time limit

  1. if the application is a householder application - £50
  2. if the application is an application for major development - £500
  3. in any other case - £170