Lapsed or expiring planning permission: options, extensions, and Section 73

Standard planning permission time limits

Most planning permissions in England include time limit conditions:

The 'commencement' test matters. To keep permission alive, you must start 'material operations' before expiry. Material operations typically include: excavation for foundations, laying foundations, structural work, constructing access roads (if forming part of the development).

Preparatory works that don't count: Site clearance, demolition (sometimes), moving materials onto site, erecting fencing (unless forming part of the development).

• Standard condition: 'Development must commence within 3 years of the date of this permission'
• Outline permissions: Often 2 years to submit reserved matters, then 2 years after reserved matters approval to commence
• Some permissions: May have non-standard time limits (5 years, 10 years) depending on what was granted

Section 73: varying conditions to extend time

Section 73 of the Town and Country Planning Act allows you to apply to vary or remove conditions on an existing permission—including the time limit condition.

How Section 73 works for time extensions: You apply to vary the condition requiring commencement within 3 years, asking for (typically) a new 3-year period. Fee: £258 (same as householder application). The council assesses whether policy or site context has changed since the original permission.

When Section 73 usually succeeds: Policy context is unchanged, no new material considerations have arisen, the original permission was recently granted (within 5–10 years), and design/impact remain acceptable.

When Section 73 often fails: Local plan has been updated with new restrictive policy, area has been designated (conservation area, Article 4 direction), significant neighbour objections arise citing changed context, or the original permission is very old (10+ years) and standards have moved on.

Reapplying vs Section 73: which is better

Section 73 advantages: Cheaper (£258 vs full fee), faster (8-week determination), and you can argue 'policy presumption' if nothing has changed. Lower risk—if Section 73 is refused, your original permission still exists (though lapsed), so you can still reapply.

Section 73 disadvantages: If policy has changed significantly, council can refuse and you've lost 8 weeks and £258.

New application advantages: Chance to update design, reflect any changes in circumstances, and 'reset' with current policy context. Can sometimes be better if original design was marginal or if you want to make improvements.

New application disadvantages: Full fee again (£258 householder, £578+ for others), full 8-week process, and no guarantee of approval (policy may now be more restrictive).

Demonstrating lawful commencement

If you think you commenced development before the time limit expired, you can apply for a Lawful Development Certificate (Existing) to prove it.

What you need to demonstrate:

LDC (Existing) fee: £129. If granted, this proves the permission is lawfully commenced and remains alive (subject to completion conditions if any).

If refused, you're back to Section 73 or new application routes.

• Material operations were carried out before the time limit expired
• The operations were pursuant to the planning permission (i.e., implementing that specific approved scheme)
• Evidence: dated photos, invoices, building control records, contractor statements, delivery receipts

Common expensive mistakes

These mistakes cost people tens of thousands:

• Assuming 'site clearance' counts as commencement—it usually doesn't unless it's excavation for foundations
• Missing the expiry date by days—even one day over means the permission is lost
• Starting one small foundation thinking it keeps the whole permission alive—the commencement must be genuine implementation of the scheme
• Not keeping evidence of commencement—photos, invoices, and dated records are critical for LDC applications
• Waiting until after expiry to check options—Section 73 should be applied for before expiry ideally, or shortly after
• Assuming you can reapply and get the same result—policy may have changed and new applications can be refused even if the original was approved

Real costs and timelines

Section 73 application: £258 fee, 8-week determination. Usually no need for new drawings if design unchanged.

New full application: £258 (householder) to £578+ (new dwelling/change of use), 8–13 week determination. May need updated drawings if standards have changed.

LDC (Existing) to prove commencement: £129 fee, 8-week determination. Need clear dated evidence.

Professional help: Planning consultant £800–£2,000 for Section 73 or reapplication. Solicitor £200–£500 per hour if legal advice needed on commencement.

Risk of doing nothing: If permission lapses and you later build without permission, enforcement can require demolition (costs can exceed £50,000+ including legal fees and reinstatement).

Step-by-step: what to do if permission is expiring or lapsed

Follow this workflow:

• Step 1: Check the exact expiry date in your permission decision notice (usually 3 years from date of permission)
• Step 2: If not yet expired but close, decide: commence immediately with material operations, or apply for Section 73 extension
• Step 3: If already expired, gather evidence—did you commence before expiry? (photos, invoices, records)
• Step 4: If you did commence, apply for LDC (Existing) to prove it (£129)
• Step 5: If you didn't commence, decide Section 73 vs new application
• Step 6: Use PlanWiser's Property Checker to see if local policy has changed since your original permission
• Step 7: Use PlanWiser's AI Advisor to understand whether Section 73 or new application has better chances given any policy changes