One thing we are constantly faced with is delays in the planning application system. This can be for multiple reasons. It is always frustrating, but can risk timescales and increase costs.
This can strain relationships with clients as they can often feel we have more control over the process than we actually do.
It’s very common for a planning officer to ask for an extension of time on a planning application. Should you agree or not?
It’s not as easy as it sounds.
If you don’t agree to an extension of time on a planning application, the local planning authority (LPA) is legally required to make a decision within the original statutory time limit. This is usually:
- 8 weeks for most minor applications
- 13 weeks for major applications
- 16 weeks if an Environmental Impact Assessment (EIA) is required
Here’s what happens in practice if you refuse or withdraw your agreement to extend time:
1. The LPA must decide “as is”
The council must either approve or refuse the application based on the information currently available.
If the case officer hasn’t yet completed consultations, received key reports, or resolved issues, they’ll often refuse the application to meet the statutory deadline.
This is often done using a standard reason such as “Insufficient information has been provided to assess the proposal against relevant planning policies.”
2. The “deemed refusal” right to appeal
If the LPA fails to issue a decision in time and no extension of time has been agreed, you (the applicant) gain the right to appeal to the Planning Inspectorate for non-determination (under Section 78 of the Town and Country Planning Act 1990).
However:
- This can take several months,
- It usually requires paying appeal fees and providing updated documents,
- The Inspectorate will assess the application as if it were being determined anew, including all the same policies and material considerations.
3. Relationship with the LPA
Refusing an extension can strain relations with the planning officer. Councils often ask for extensions to allow:
- Completion of consultee responses,
- Negotiation of amendments or conditions, or
- Committee scheduling.
If you decline, they may be less inclined to negotiate or support minor revisions later.
4. Strategic considerations
It’s sometimes reasonable not to agree to an extension — for example:
- If the council has unreasonably delayed the process,
- If you want to trigger an appeal to get an independent decision, or
- If the delay would affect your funding, contracts, or programme.
But in most cases, agreeing a short extension (a week or two) allows the officer to resolve issues and potentially approve the application without the cost or risk of an appeal.
An applicant needs to consider all the factors carefully. You should always seek advise before making any decision.
