Planning Permission - A Lawful Start?

The grant of a planning permission is a potentially valuable right.  The existence of an unimplemented planning permission however can cause uncertainty and therefore one of the changes made in terms of the Planning Act in Scotland 2006 was to reduce the duration of a full planning permission from 5 years to 3 years "unless the development to which the planning permission relates is begun before that expiration".  While the planning authority in granting planning permission may vary the 3 year period, the norm is simply to work on the basis of 3 years.  Separate provisions apply in terms of Section 59 of the Town & Country Planning (Scotland) Act 1997 (as amended by the 2006 Act) in respect of planning permission in principle (formerly outline planning permission).  Again the relevant provisions apply "unless the development to which the permission relates has begun before" the expiration of the relevant period.