Town and Country Planning Act 1990

92 Outline planning permission. E+W

(1) In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority or the Secretary of State of matters not particularised in the application (“reserved matters”).

(2) Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—

(a) that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and

(b) that the development to which the permission relates must be begun not later than—

(i) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F2 . . . the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

(3) If outline planning permission is granted without the conditions required by subsection (2), it shall be deemed to have been granted subject to those conditions.

(4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods of three years, F3 . . . or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

(5) They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

(6) In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.

Textual Amendments

F1 S. 92(2)(b)(i) omitted (24.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(a), 121 (with ss. 51(6), 111); S.I. 2004/2081, art. 2 (subject to savings in art. 4)

F2 Words in s. 92(2)(b)(ii) omitted (28.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(b), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F3 Words in s. 92(4) omitted (24.8.2005 for E. and otherwise prosp.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(2)(c), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

Modifications etc. (not altering text)

C1 S. 92: 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