App for a new planning permission to replace an extant planning permission (extend the time limit for implentation)
1. Applicant Name and Address
Please enter the Applicant Details, including full name and
title. Please also enter the house/flat number and/or name (if
applicable) and street name in the Street address field. The town,
county, country and full postcode should also be entered.
If the application is being submitted by an agent (i.e. someone
who is acting on the applicant's behalf) all correspondence,
including the decision letter, will be sent to him/her.
2. Agent Name and Address
Please enter the Agent Details, including full name and title.
Please also enter the house/flat number and/or name (if applicable)
and street name in the Street address field. The town, county,
country and full postcode should also be entered.
If the application is being submitted by an agent (i.e. someone
who is acting on the applicant's behalf) all correspondence,
including the decision letter, will be sent to him/her.
3. Site Address Details
Please enter the full postal address of the site. Enter the
house/flat number and / or name (if appropriate) and street name in
the Street address field. The town, county, country and full
postcode should also be entered. If the application relates to open
ground describe its location as clearly as possible (e.g. ‘Land to
rear of 12 to 18 High Street’ or provide a grid reference).
4. Pre-application Advice
The local authority may be able to offer (possibly for a fee)
pre-application discussions before a formal application is
submitted in order to guide applicants through the process. This
can minimise delays later in processing the application.
The advice and guidance given to you at the pre-application
stage is given in good faith. However, it does not guarantee or
supply a definitive undertaking as to whether your proposal is
likely to be acceptable.
If you have received pre-application advice from the planning
service please indicate the reference/date of any correspondence or
discussion and the name of the officer. If you do not know these
details then please state ‘Unknown’.
This will assist the Council in dealing with your application as
quickly as possible.
5. Eligibility
It is only possible to apply to replace a planning permission in
order to extend the time limit for implementation if the permission
is extant at the time of this application, was extant on 1 October
2009, and if the development has not already commenced.
Outline permissions can be extended under this power, provided
the relevant time limit has not expired both on 1 October 2009 and
at the date of application, and the development has not yet
commenced (see note below). This means either:
- The time limit for submission of reserved matters has not yet
expired; or
- Reserved matters applications were all submitted in accordance
with the time limit for submission of reserved matters, and the
time limit for commencement has not yet expired.
You can only apply to replace a listed building or conservation
area consent in order to extend the time limit for implementation
if the consent is extant at the time of this application, was
extant on 1 October 2009, and if it is associated with a planning
permission which you are also applying to replace.
You cannot apply to replace planning permissions or consents in
order to extend the time limits for implementation if they have
already expired. In those cases a new application would be
needed.
Note: From October 2010 there are
certain circumstances where it is possible to extend an outline
planning permission, where development has already commenced. These
circumstances are set out in paragraph 20 of the Communities and
Local Government publication: Greater Flexibility for Planning
Permissions: Guidance (October 2010).
6. Description of Your Proposal
Please describe the development or works as shown on the
original decision letter.
The original application type will be one of the following:
- Householder planning application
- Householder and conservation area consent
- Householder and listed building consent
- Full planning application
- Outline application some matters reserved
- Outline application all matters reserved
- Full and conservation area
- Full and listed building
- Full and advertisement
The statutory definitions for major development and householder
appear in article 2(1) of the Town and Country Planning
(Development Management Procedure) (England) Order 2010. Since
October 2009, these are as follows:
Major development is defined as
"development involving any one or more of the following-
(a) the winning and
working of minerals or the use of land for mineral-working
deposits;
(b) waste
development;
(c) the provision of
dwellinghouses where-
(i) the number of
dwellinghouses to be provided is 10 or more; or
(ii) the development is
to be carried out on a site having an area of 0.5 hectare or more
and it is not known whether the development falls within paragraph
(c)(i);
(d) the provision of a
building or buildings where the floor space to be created by the
development is 1,000 square metres or more; or
(e) development carried
out on a site having an area of 1 hectare or more."
A Householder application is:
(a) an application for planning permission
for development of an existing dwellinghouse, or development within
the curtilage of such a dwellinghouse for any purpose incidental to
the enjoyment of the dwellinghouse, or
(b) an application for any consent,
agreement or approval required by or under a planning permission,
development order or local development order in relation to such
development, but does not include—
(i) an application for change of use, or
(ii) an application to change the number of
dwellings in a building
If you are also seeking as part of this application to replace
an associated listed building consent or conservation area consent,
please also provide describe these developments, as shown on the
original decision letter(s).
7. Council Employee / Member
You must declare whether the applicant or agent is a member of
the council’s staff, an elected member of the Council or related to
a member of staff or elected member of the Council.
Serving elected members or planning officers who submit their
own planning applications should play no part in their
determination and such applications should be determined by the
planning committee rather than by planning officers under delegated
powers.
For the purposes of this question, 'related to' means related,
by birth or otherwise, closely enough that a fair-minded and
informed observer, having considered the facts, would conclude that
there was a real possibility of bias on the part of the
decision-maker in the local planning authority.
8. Ownership Certificates
An ownership certificate must be completed stating the current
ownership of the land to which the application relates under
Article 12 of the Town and Country Planning (Development Management
Procedure) (England) Order 2010 & Regulation 6 of the Planning
(Listed Buildings and Conservation Areas) Regulations 1990.
It is an offence, knowingly or recklessly, to complete a false
or misleading certificate.
- Certificate A - Sole Ownership
Certificate A should only be completed if the applicant is the
sole owner of the land to which the application relates (i.e. the
applicant is the freeholder and there are no leaseholders with
seven years or more remaining on their leases).
If the application involves a leasehold flat then certificate A
does not apply as the applicant is not the sole owner. Therefore,
in this circumstance, the applicant should complete certificate B,
C or D (see details below).
- Certificate B - Shared Ownership (All other owners
known)
Certificate B should be completed if the applicant is not the
sole owner but knows the names and addresses of all the other
owners (e.g. this certificate will need to be served if the
proposals encroach onto adjoining land).
The Notice to Owners
(Notice 1) must also be completed and sent to all known
owners.
A copy of the notice must also be sent with the application to
the local authority.
- Certificate C - Shared Ownership (Some other owners
known)
Certificate C should be completed if the applicant does not own
all of the land to which the application relates and does not know
the name and address of all of the owners.
The Notice to Owners
(Notice 1) must be completed and sent to all known
owners.
Where the owner is unknown the Notice to Unknown Owners
(Notice 2) needs to be published in a local newspaper.
A copy of the notice must also be sent with the application to
the local authority.
- Certificate D - Shared Ownership (All other owners
unknown)
Certificate D should be completed if the applicant does not own
all of the land to which the application relates and does not know
the names and addresses of any of the owners.
The Notice to Unknown Owners
(Notice 2) needs to be published in a local newspaper.
A copy of the notice must also be sent with the application to
the local authority.
9. Agricultural Holdings
All full planning applications must include the appropriate
agricultural holdings certificate to be considered by the local
authority.
It is an offence, knowingly or recklessly, to complete a false
or misleading certificate.
If the land to which the application relates forms an
agricultural holding or part of an agricultural holding as defined
by the Agricultural Holdings Act 1986 and comprises land subject to
an Agricultural Tenancy all agricultural tenants must be notified
prior to the submission of an application.
You must either:
- confirm that none of the land to which the application relates
is, or is part of, an agricultural holding, or
- give notice to all tenants on the agricultural holding using
the Notice to Agricultural Tenants
(Notice 1). A copy of the notice must also be sent with
the application to the local authority.
If you are the sole tenant of the Agricultural Holding, insert
'sole tenant - not applicable' in the table under option (B).
10. Planning Application Requirements
Use the checklist to ensure that the forms have been correctly
completed and that all relevant information is submitted.
Failure to complete the form correctly may result in your
application being returned as invalid.
11. Declaration
Please sign and date your application.
12. Applicant Contact Details
Please provide contact information for the applicant.
13. Agent Contact Details
Please provide contact information for the agent.
14. Site Visit
Access to the site (i.e. where the works are proposed to take
place) may be required by the case officer. Please provide contact
details in the event that an appointment needs to be made. This
will assist the Council in dealing with your application as quickly
as possible.
This webpage was updated on
7/19/2011