Statutory Time Limits for Different Planning Permissions
Under Section 91 of the Town and Country Planning Act 1990, every planning permission is subject to a statutory condition requiring development to begin within a specified timeframe.
The standard statutory duration was historically 5 years, but was reduced to 3 years across England to encourage prompt housing delivery and discourage speculative land banking.
| Permission Type | Statutory Lifespan | Action Required to Secure |
|---|---|---|
| Full Planning Permission | 3 Years from decision date | Lawfully commence material operations on site |
| Outline Planning Permission | 3 Years to submit Reserved Matters | Submit all detailed layout, scale, access & landscaping plans |
| Reserved Matters Approval | 2 Years from final approval | Commence physical building work on site |
| Listed Building Consent | 3 Years from consent date | Commence the authorized works of alteration or extension |
| Lawful Development Certificate (LDC) | Permanent (no expiry) | Confirms existing or proposed use was lawful at time of issue |
What Counts as 'Lawful Commencement' Under Section 56?
To prevent planning permission from expiring, you must initiate a 'material operation' before the 3-year deadline under Section 56(4) of the 1990 Act.
However, you cannot simply dig a symbolic spade into the turf. Case law dictates that commencement must be genuine, in accordance with the approved drawings, and all pre-commencement planning conditions must have been formally discharged by the council first.
If your approval notice includes 'pre-commencement conditions' (e.g. archaeological survey, drainage strategy, or tree protection fencing), starting work before the council formally discharges them invalidates your commencement, causing the entire permission to lapse.
Checklist of Legally Recognized 'Material Operations'
Under Section 56(4), any of the following operations lawfully initiated on site will secure the planning permission indefinitely: