Town and Country Planning Act 1990

[F1 74C Effect of application under section 74B E+W

(1) If a person makes an application in accordance with section 74B to a local planning authority, the authority may by notice in writing to the person—

(a) modify the condition or approved document in accordance with the application,

(b) refuse to modify the condition or approved document, or

(c) make a determination about any of the matters specified in subsection (2).

(2) Those matters are—

(a) the modifications to be made to the condition or approved document, so far as it relates to the times during which construction activities are permitted to be carried out,

(b) the date from which the modifications to the condition or approved document are to take effect, and

(c) the date at the end of which the modifications to the condition or approved document are to cease to have effect.

(3) The local planning authority may make a determination under subsection (1)(c) only if the person who made the application has agreed in writing to the terms of the determination.

(4) A modification under subsection (2)(a) must not prohibit construction activities from being carried out at any time when they are permitted to be carried out under the condition or approved document as it had effect when the application was made.

(5) A date determined under subsection (2)(c) must not be later than 1 April 2021.

(6) Subsection (7) applies if the local planning authority does not give notice under subsection (1) before the end of the period of 14 days beginning with the day after that on which the application in accordance with section 74B was sent to the authority.

(7) The condition or approved document to which the application relates is deemed to have been modified in accordance with the application.

(8) If the local planning authority makes a determination under subsection (1)(c) about only some of the matters specified in subsection (2), the condition or approved document is deemed to have been modified in accordance with the application in respect of the other matters specified in subsection (2).]

Textual Amendments

F1 Ss. 74B-74D inserted (temp.) (28.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 16(1), 25(3)(a) (with s. 16(6))

Modifications etc. (not altering text)

C1 S. 74C(5): power to amend conferred (28.7.2020) by Business and Planning Act 2020 (c. 16), ss. 16(7)(b), 25(3)(a)