C3C4C5C6C7C8C9C10C11 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C3

Pt. 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)

C6

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Duration of planning permission

C1C291 General condition limiting duration of planning permission.

1

Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

a

F6the applicable period, beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

b

such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.

2

The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.

3

If planning permission is granted without the condition required by subsection (1), it shall F7(subject to subsections (3ZA) and (3ZB)) be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the F8expiration of the applicable period, beginning with the date of the grant.

F53ZA

Subsection (3ZB) applies if—

a

a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and

b

the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.

3ZB

The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.

3ZC

The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).

3ZD

References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.

F43A

Subsection (3B) applies if any proceedings are begun to challenge the validityF9, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.

3B

The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.

3C

Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.

4

Nothing in this section applies—

a

to any planning permission granted by a development order F3, a local development order or a neighbourhood development order;

b

to any planning permission F1granted for development carried out before the grant of that permission;

c

to any planning permission granted for a limited period;

F2d

to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

i

the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

ii

the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

e

to any planning permission granted by an enterprise zone scheme;

f

to any planning permission granted by a simplified planning zone scheme; or

g

to any outline planning permission, as defined by section 92.

F105

The applicable period—

a

in relation to England, is three years;

b

in relation to Wales, is five years.