Planning permission is a time-limited consent: it does not last indefinitely and will expire if work is not started within the specified period. Understanding when planning permission expires and what counts as commencing development is important for anyone who has obtained consent but has not yet started building.

The Standard Three-Year Period

In England, planning permissions are granted with a standard condition requiring that development is begun within three years of the date of the decision notice unless the decision notice specifies a different period. This three-year time limit applies to most householder and full planning permissions. The three years runs from the date printed on the decision notice, not from when you receive the letter or when you notify the council.

Some types of permission have different time limits. Outline planning permissions, which establish the principle of development without full design details, typically require an application for reserved matters to be submitted within three years, with the development itself to be started within two years of reserved matters approval. The total time from outline permission to commencement is therefore typically up to five years. Local planning authorities can grant permissions with longer or shorter time limits in specific circumstances.

Does Planning Permission Expire?

Yes, planning permission expires if development has not been commenced within the specified period. Once expired, the permission is no longer valid and cannot be relied upon. If you want to build after the permission has expired, you need to submit a new planning application, which will be assessed against the current planning policy at the time of the new application rather than the policy at the time of the original permission.

This can be significant if planning policy has changed, if a new neighbour objects, or if the local planning authority's approach to development in the area has changed since the original permission was granted. A permission that was granted under previous policy may not be granted again if the policy context has changed.

What Counts as Commencing Development

Development is legally commenced when any material operation takes place. A material operation includes any work of construction in the course of the erection of a building, any demolition of a building, any digging of a trench as part of the foundations, any laying of any underground main or pipe, and any work involving the material change of use of any land. A token or cosmetic act of commencement, not genuinely part of the development, is unlikely to be accepted as valid commencement. Courts have found against landowners who attempted to argue that trivial acts constituted commencement.

Listed Building Consent and Conservation Area Consent

Listed building consent has the same standard three-year time limit as planning permission. Works must be commenced within three years of the date of consent. The position is the same: if works do not commence within this period, the consent lapses.

Summary

Standard planning permissions in England are valid for three years from the date of the decision notice. Development must be commenced within this period by a genuine material operation, or the permission lapses. Outline permissions typically allow up to five years in total from outline grant to commencement. Expired permissions cannot be relied upon and a new application must be made. Renewing before expiry avoids the risk of policy changes affecting the prospects of the new application.