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Modifications etc. (not altering text)
C1Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3
Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)
Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51
Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)
Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4
Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))
Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2
Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)
Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)
C2Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)
Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))
C3Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
C4Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
C5Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
C6Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
C7Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
C8Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)
C9Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
C10Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)
C11Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 35(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)
Textual Amendments
F1S. 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)
(1)This section applies where—
(a)by virtue of section 91 or 92, a planning permission [F3in 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 [F4in 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 [F5in 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
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6S. 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
F7S. 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)
C12S. 94 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 10(5)(6)
C13S. 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
(1)A completion notice [F9served 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
F8Words 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)
F9Words 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)
C14S. 95(2) modified (18.12.1996) by 1996 c. 61, s. 10(6)
(1)If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land [F11in 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
F10Words 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)
F11Words 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)