Already we are seeing these changes come into effect with the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 coming into force on 1 October 2012.
Planning permissions that were granted prior to 1 October 2009 currently benefit from the ability to apply to extend the date for implementation, where the development has not yet started and the time limit within the application has not expired (“a replacement application”). As of 1 October 2012 this applies to applications submitted prior to 1 October 2010.
Such applications also benefit from relaxed requirements such as:
No requirement to provide a design and access statement;
Reduced Consultation requirements; and
No requirement to provide plans and drawings.
However, from 1 December 2012 councils will need to provide an additional statement when issuing notices upon determination of these applications, containing an explanation of how they dealt with the application in a positive and proactive manner, based on seeking solutions to problems arising in relation to the dealing with a planning application.
(Replacement applications under the Planning (Listed Buildings and Conservation Area) (Amendment) (England) Regulations 2012, for consents issues prior to 1 October 2010, have been possible since 1 October 2012.)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.