What to check if your permission is approaching expiry
As the five-year deadline nears, it is worth checking:
- The exact effective date and expiry date recorded on the grant of permission
- Whether substantial works have been carried out that would support a section 42 extension
- Whether the local development plan or zoning has changed since the grant
- Whether any new flood risk or environmental designations affect the site
- Whether it is feasible to complete the works before expiry instead of seeking an extension
- The council's current fee and evidence requirements for an extension application
Acting well before the five-year deadline, rather than close to it, gives the most options if problems with an extension application arise.
Partial completion and phased developments
Where a development has been partly completed, the completed portion generally remains lawful, but any remaining uncompleted elements cannot proceed once the permission has lapsed without either an extension or a new permission covering the outstanding works - a point worth clarifying with the council or a planning consultant on larger or phased projects.