Understanding how long planning permission lasts once work has started is important for managing completion risk and protecting land value. The statutory time limit focuses on commencement rather than completion, but the ongoing validity of commercial planning consent relies on multiple factors, including lawful commencement and adherence to ongoing conditions.
This guide explains how commercial planning permissions operate once work has begun, what happens when construction pauses, and what landowners and developers should review before restarting a stalled site.
Understanding Planning Permission Timeframes
Under Section 91 of the Town and Country Planning Act 1990, most grants of full planning permission must be implemented within three years of the decision date. Outline planning permission operates under a different structure, with separate deadlines for reserved matters applications and commencement following their approval. We cover the various deadlines for outline planning permission and reserved matters in much more detail in our How Long Planning Permission Lasts for Commercial Developments guide.
The important thing to know is that in planning, the statutory time limit applies to the start of development, not its completion. Once a commercial development has been lawfully commenced prior to the deadline there is generally no statutory deadline requiring the scheme to be completed within a specified period.
A site that has planning permission where development has been lawfully commenced does not risk planning permission expiry because construction temporarily stops. The only potential for complexity is being able to evidence that the development was lawfully commenced, and pre-commencement conditions were complied with.
What Constitutes Lawful Commencement?
Based on Section 56 of the Town and Country Planning Act 1990. Development is treated as having begun when a “material operation” is carried out on the land. In commercial contexts, this can include work like excavation for foundations, installation of structural elements, demolition required by the approved scheme, or the laying of underground services integral to the development.
In practice for most commercial sites, the physical works themselves are only part of what’s required. Commencement will not be lawful if pre-commencement conditions attached to the permission were not formally discharged before works began. Many commercial schemes include extensive conditions relating to drainage, contamination, highways, archaeology or phasing. If those conditions required approval prior to development starting and that approval was not obtained, the works may not satisfy lawful commencement and protect the permission from expiry.
The Heart of the Planning Permission
The requirement for pre-commencement conditions to be satisfied for commencement to be lawful was most recently tested in the courts in 2011, where Greyfort Properties (a developer) attempted to appeal a Local Planning Authority (LPA) refusal to grant a Certificate of Lawful Existing Use of Development. The development in question took place much earlier in 1974 and did not comply with a condition to agree ground floor levels with the LPA prior to commencement. Greyfort’s appeal was refused on the basis that the condition breached was at the heart of the planning permission (impacted the entire progress of the development) and therefore the whole development could be considered unlawful.
The heart of the planning permission test clarified in the Greyfort case reinforced the legal principle that pre-commencement conditions impacting the entire progress of the development must be complied with for commencement to be lawful. If the condition is ancillary (doesn’t satisfy the ‘heart of the planning permission’ test) commencement in breach of it still may be lawful, but commencing in breach on that basis may carry a significant amount of risk.
Does Planning Permission Expire After Work Has Started?
Where development has been lawfully commenced within the statutory period, planning permission does not expire merely because works are paused for a period of time. There is no automatic deadline for completion unless a specific condition imposes one, but a number of practical issues can arise during extended delays.
Any development must continue to meet requirements listed in the approved drawings and conditions. Material deviations from the approved scheme can expose the site to enforcement risk. Our article on Planning Enforcement Time Limits is targeted at homeowners, but contains useful information for commercial developers and landowners on how LPAs assess breaches and immunity periods, which can be particularly relevant where changes need to occur after a protracted delay.
Secondly, it’s common for commercial schemes to include phased delivery conditions or staged triggers linked to occupation or infrastructure. If works pause mid-phase future triggers may not be workable under current commercial conditions.
Varying Restrictive Conditions on a Paused Site
When a site has been paused for an extended period of time and current commercial conditions render continuation impractical, it’s possible to seek to remove or vary conditions via a Section 73 Application. Following a successful Section 73 Application a commercial development will receive a new grant of planning permission that re-implements most of the original conditions attached to the original permission, with the targeted conditions removed or varied.
When Further Action May be Required
Further action may be required if significant time has passed on a paused site and there is doubt about whether development was lawfully commenced, or whether conditions were properly discharged. In some circumstances, it may be appropriate to consider applying for a Lawful Development Certificate to confirm work was lawfully commenced prior to continuation. Our guide to lawful development certificates contains general information on this topic which may be helpful if you are considering this route.
How a Planning Consultant Can Help
An expert planning consultant can audit the implementation status of a commercial site, assess exposure to enforcement risk and advise on compliance with outstanding conditions. Where policy has shifted during a pause in development, strategic advice can also help determine whether pursuing minor amendments or a more comprehensive variation of conditions could improve long-term viability.
At Holland Lloyd, we have extensive experience of advising commercial developers and landowners on safeguarding existing planning permission, managing expiry risk and protecting land value during periods of delay. If your development has paused and you require clarity on the status of your consent, our commercial developers and landowners service can provide a clear and commercially focused assessment. Contact us today for advice and support.
FAQs
How long does planning permission last once work has started?
If development has been lawfully commenced within the statutory time limit, planning permission does not expire. There is generally no deadline for completion unless a specific condition on the decision notice requires development to be completed within a defined period.
Does planning permission expire after work has started?
Planning permission does not expire as long as the development was lawfully commenced. This means a material operation must have been carried out and all pre-commencement conditions must have been formally discharged before works began.
Can I pause a commercial development indefinitely?
There is no statutory time limit for completion once permission has been lawfully implemented. However, extended pauses can require active management of planning conditions, phasing triggers or Section 106 obligations to ensure commercial consent remains valid.
What should I do if I’m unsure whether my site was lawfully commenced?
Holland Lloyd can review your decision notice, discharge approvals and site records to confirm whether your grant of planning permission remains valid and advise on next steps, which may include applying for a Lawful Development Certificate or varying conditions where necessary.