The Planning Guarantee: Is It Being Used?

The planning guarantee is the government’s policy that no planning application should spend more than a year with decision-makers, including any appeal.

In practice, this means major applications should be determined within 26 weeks, non-major applications within 16 weeks, and any subsequent appeal within another 26 weeks. Importantly, the planning guarantee does not replace statutory time limits (8 or 13 weeks) but instead acts as a longstop.

The policy was introduced in 2013 to provide certainty for applicants and drive timely decisions. If an application exceeds the maximum timeframe without an agreed extension, the planning fee should be refunded.

However, in practice, fee refunds under the guarantee are extremely rare. Local planning authorities frequently rely on extensions of time or planning performance agreements (PPAs) to stay within the rules.

Where it’s clear from the outset that an application will require more time, for example, due to complexity or scale, a PPA can be agreed before submission. PPAs are negotiated between the applicant and authority to set a realistic timetable and are often used for major developments.

If an application is already under consideration and delays emerge, the authority may seek a written extension of time. This must set out an agreed timescale for reaching a decision. The timetable in either a PPA or an extension of time can be updated, provided both parties agree in writing.

These tools offer flexibility and are widely used, but some argue they weaken the impact of the planning guarantee by allowing deadlines to slip without consequence. While helpful for managing workloads and applicant expectations, they may also mask deeper issues in resourcing and performance.

Ultimately, the planning guarantee remains a symbolic commitment rather than an active driver of change, prompting renewed calls to revisit its enforcement and relevance in today's stretched planning system.

Writer: Dylan Kerai, Associate