Planning Permission Expiry in London: What Happens, How to Renew, and How to Make a Valid Start

**The standard 3-year time limit**:

Under Section 91 of the Town and Country Planning Act 1990, every grant of planning permission is subject to a condition requiring the development to be begun within 3 years from the date of the planning decision notice, unless the permission itself specifies a different time limit. This is a statutory condition that is implied in every planning permission even if it is not explicitly stated on the decision notice — it always applies.

For most London householder planning permissions (extensions, loft conversions, outbuildings), the decision notice will contain a condition worded approximately as:

*'The development hereby permitted shall begin not later than three years from the date of this decision notice.'*

The key phrase is 'begun' — the development must be 'begun' before the expiry of the 3-year period. It does not have to be completed before the expiry. If development has begun before the 3-year deadline, the planning permission survives even if construction extends well beyond the expiry date.

**Permissions with shorter or longer time limits**:

• Although 3 years is the standard, a planning authority can impose a different time limit where it has planning reasons to do so:
• •*Shorter time limits*: some London boroughs impose 2-year time limits on planning permissions in sensitive areas (conservation areas, Article 4 Direction areas) or where a permission was particularly contentious or site-sensitive. Always check the specific condition on your decision notice
• •*Longer time limits*: in exceptional circumstances (where the development is particularly complex, involves phased development, or where a longer lead-in is justified), planning authorities can grant longer time limits — but this is uncommon for domestic householder permissions

**Pre-commencement conditions — a critical trap**:

• Many London householder planning permissions contain pre-commencement conditions — conditions that must be discharged (approved) by the LPA before development begins. These typically cover matters such as:
• •Approval of materials (brick, roof tile, render specification)
• •Archaeological investigation where the site has archaeological potential
• •Drainage scheme approval
• •Noise mitigation schemes (less common for domestic)
• •Tree protection scheme compliance

If the planning permission contains a pre-commencement condition that has NOT been discharged, commencing development on site before discharging that condition is itself a breach of planning condition. In some cases, it can invalidate the planning permission entirely. Always check ALL conditions on the decision notice before starting construction — and discharge any pre-commencement conditions with a formal Section 73 or Discharge of Condition application before going to site.

**Outline planning permissions**:

• For outline planning permissions (which are less common for domestic householder projects but are used for some residential developments and plot subdivisions), two time limits apply:
• •The 'reserved matters' application must be made within 3 years of the outline permission date (or such other period as the permission specifies)
• •Development must begin within 2 years of the date of approval of the last reserved matters application (or within 5 years of the outline permission, whichever is later)

**Permitted development — no time limit**:

Permitted development rights (where development does not require planning permission) do not have time limits — you can build a permitted development extension at any time, subject only to any Prior Approval requirements that may apply. The 3-year time limit applies only to planning permissions that were formally granted (not to works carried out under permitted development rights).

**Listed Building Consent — different time limit**:

Listed Building Consent (LBC) for works to a listed building has a 3-year time limit in the same way as planning permission. Where LBC is required alongside planning permission, both must be 'begun' before their respective expiry dates.

**What does 'beginning development' mean in planning law?**

Under Section 56 of the Town and Country Planning Act 1990, development is 'begun' when any 'material operation' is carried out under the planning permission. The definition of a material operation in Section 56(4) includes:

1. Any work of construction in the course of the erection of a building 2. Any work of demolition of a building 3. The digging of a trench which is to contain the foundations or part of the foundations of a building 4. The laying of any underground main or pipe to the foundations or part of the foundations of a building 5. Any operation in the course of laying out or constructing a road intended to give access to the site 6. Any change in the use of any land, where that change constitutes material development

• In practice, for a London rear extension or loft conversion, a 'material start' is typically evidenced by:
• •Digging the foundation trench (even if it is then backfilled)
• •Excavating for and laying the foundation concrete
• •Erecting temporary works or falsework for the structure
• •Demolishing any existing structure that is part of the approved scheme (e.g., demolishing an existing single-storey rear extension that is being replaced by a larger one)

**Is a 'token start' sufficient to preserve a planning permission?**

This is the critical question for London homeowners with planning permission approaching expiry who are not yet ready to start full construction. The short answer is: yes, a material operation (even a minimal one) carried out before the expiry date is sufficient to 'begin' development and preserve the planning permission — but it must be a genuine material operation, not a sham.

• Case law has established that a minimal genuine material operation is sufficient:
• •Digging a small test pit that is later backfilled: may be sufficient (depends on circumstances)
• •Digging the full foundation trench: clearly sufficient
• •Demolishing a minor ancillary structure on the site: likely sufficient
• •Erecting a temporary hoarding: probably NOT a material operation
• •Placing equipment or materials on site: NOT a material operation

*The Spackman v Secretary of State for the Environment* and related cases have confirmed that a very minor material operation is sufficient — but it must be a genuine act of development, not a mere administrative or preparatory step.

*Practical advice for London homeowners approaching expiry*:

If you hold a planning permission that is approaching expiry (within the last 6 months of the 3-year period) and you are not yet ready to start full construction:

1. *Write to the LPA's planning enforcement team BEFORE starting*, informing them that you intend to make a material start before the expiry date. This creates a record of the notification 2. *Engage a contractor to carry out a defined material operation* — typically the excavation of the foundation trench to the full depth shown on the approved drawings, with the LPA notified under Building Regulations (Building Regulations commencement notification). The Building Regulations commencement notification provides dated evidence of the start of works 3. *Document the material start thoroughly*: photographs with timestamps; invoice from the contractor; Building Regulations commencement notification confirmation from the Building Control body 4. *Notify Building Control*: Notify the approved Building Control body (or local authority Building Control) of the commencement of works under the Building Regulations notification. For most domestic extensions, a 48-hour commencement notice to Building Control is required. This creates an official dated record of the start of works

*What happens to conditions after a material start?*

Once a valid material start has been made, the planning permission is preserved — you can then complete the development at any later date, in accordance with the approved plans. However, ALL conditions attached to the planning permission continue to apply and must be complied with, both pre-commencement conditions (which must have been discharged before the start) and during-construction and pre-occupation conditions.

**If the planning permission has already expired — can you start without renewing it?**

No — once the 3-year time limit has passed without a material start having been made, the planning permission has lapsed. Development started after the expiry of an unimplemented planning permission is without planning permission — it is unlawful development. The LPA has enforcement powers to require unauthorised development to be demolished or restored.

Exception: where development was started before expiry (a valid material start was made) but then stopped and not completed, the planning permission survives and construction can resume. The permission was 'begun' before expiry — the uncompleted works are not unlawful.

**How to renew or extend a planning permission approaching expiry**:

If a London planning permission is within its 3-year life but approaching expiry, there are two options to extend it:

*Option 1 — Make a material start before expiry*: As described above, carry out a genuine material operation before the expiry date. This preserves the planning permission indefinitely (subject to all conditions being complied with). This is the simplest and cheapest option where the homeowner can start at least the foundation excavation.

• *Option 2 — Submit a new planning application before expiry (or after)*:
• A fresh planning application can be submitted for the same (or similar) development at any time — before or after the original permission expires. The fresh application:
• •Is assessed on the same planning policy framework
• •Does not require a material start on the original permission
• •If approved, gives a new 3-year time limit
• •Is subject to the current planning policy — which may be more or less restrictive than at the time of the original permission

For a householder extension that was approved under the previous set of permitted development thresholds, a fresh application may potentially face different policies if planning policies have changed in the interim — though for most standard London residential extensions, the applicable policies are stable.

**Free resubmission right within 12 months of the original decision**:

For planning permissions that are still within 12 months of the original decision date, Section 73A of the TCPA provides a 'free resubmission' right — a second application for the same or substantially the same development can be made free of charge within 12 months of the original decision. This is the same right available for refused permissions, and applies equally to permissions that are still live (e.g., where the homeowner wants to refresh the permission to reset the 3-year clock).

*Note*: This free resubmission only applies within 12 months of the original decision date — if the permission is 2 or 3 years old (even if it has not yet expired), the standard planning application fee applies.

**What if the planning permission has already expired?**

If a planning permission has expired without a material start, the homeowner must submit a fresh planning application. The planning authority will assess it on current planning policy — in most cases for standard London extensions, the policies have not materially changed and a fresh approval is obtainable, though at the current planning application fee (£258 for householder applications in England as of 2025).

Alternatively, where the works could potentially be carried out under permitted development rights (i.e., the planning permission was a belt-and-braces permission for works that were actually permitted development), the works can proceed under permitted development without a fresh planning application.

**Section 73 application — varying or removing conditions after permission is granted**:

Where a planning permission has been granted but a condition needs to be changed (including extending the time limit condition), a Section 73 application can be made to the LPA to vary or remove the condition. A Section 73 application to extend the time limit on a planning permission before it expires is a recognised approach — the LPA assesses whether there is a planning reason to extend the time limit. For most domestic householder permissions, a short extension (1 year) is usually granted if applied for before expiry.

*Cost*: Section 73 application fee is the same as the original planning fee — £258 for a householder application in England (2025).