Town and Country Planning Act 1990

[F1 Termination of planning permission: Wales] E+W

Textual Amendments

F1 S. 94 cross-heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 3 (with s. 247)

94 Termination of planning permission by reference to time limit: completion notices [F2 in Wales]. E+W

(1) This section applies where—

(a) by virtue of section 91 or 92, a planning permission [F3 in relation to land in Wales] is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed; or

(b) development has been begun in accordance with planning permission under a simplified planning zone scheme [F4 in Wales] but has not been completed by the time the area ceases to be a simplified planning zone; or

(c) development has been begun in accordance with planning permission under an enterprise zone scheme [F5 in Wales] but has not been completed by the time the area ceases to be an enterprise zone [F6 ; F7 ...

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.

(3) The period so specified must not be less than 12 months after the notice takes effect.

(4) A completion notice shall be served—

(a) on the owner of the land,

(b) on the occupier of the land, and

(c) on any other person who in the opinion of the local planning authority will be affected by the notice.

(5) The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.

(6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.

Textual Amendments

F2 Words in s. 94 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(2) (with s. 247)

F3 Words in s. 94(1)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(a) (with s. 247)

F4 Words in s. 94(1)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(b) (with s. 247)

F5 Words in s. 94(1)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(b) (with s. 247)

F6 S. 94(1)(d) and word inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 14; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F7 S. 94(1)(d) and word omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(c) (with s. 247)

Modifications etc. (not altering text)

C1 S. 94 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 10(5)(6)

C2 S. 94(2): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

95 Effect of completion notice [F8 in Wales]. E+W

(1) A completion notice [F9 served in respect of land in Wales] shall not take effect unless and until it is confirmed by the Secretary of State.

(2) In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

(3) If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).

(5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.

Textual Amendments

F8 Words in s. 95 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 5(a) (with s. 247)

F9 Words in s. 95(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 5(b) (with s. 247)

Modifications etc. (not altering text)

C3 S. 95(2) modified (18.12.1996) by 1996 c. 61, s. 10(6)

96 Power of Secretary of State to serve completion notices [F10 in Wales]. E+W

(1) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land [F11 in Wales], he may himself serve such a notice.

(2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.

(3) The Secretary of State shall not serve such a notice without consulting the local planning authority.

Textual Amendments

F10 Words in s. 96 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 6(a) (with s. 247)

F11 Words in s. 96(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 6(b) (with s. 247)