Question: I obtained planning permission to build a house a few years ago but I am not in a position to start building due to economic circumstances. I do not want to have to re-apply for planning as it was hard enough to get permission the first time. Is there anything I can do to keep my planning permission alive?
Answer: Most planning permissions have a five year life and strictly speaking the building must be completed within that five year period. In the past you could only apply for an extension if the building was substantially complete. In the case of a private dwelling house this usually meant that you had to have construction at least up to wall plate level.
However under the Planning and Development (Amendment) Act 2010 it is now possible to apply for an extension even though you have not started construction at all. In short the Local Authority can grant an extension where you can show that the development has not gone ahead because of “commercial, economic or technical” issues. You must apply before the expiry of the original planning permission and you only get one opportunity to apply for an extension of up to five years.
If you fail to apply for an extension then the planning permission will lapse and you will have to start the process all over again.
The information contained in this article is for general information purposes only and does not constitute legal or other professional advice. Specific legal advice should be sought on any particular matter.
