Part IIIE+W Control over development

(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[F1, the Welsh Ministers] 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)[F2that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than 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;

(c)that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—

(i)the expiration of five years from the date of the grant of outline planning permission, or

(ii)if later, 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 [F3(subject to subsections (3A) to (3D))] be deemed to have been granted subject to those conditions.

[F4(3A)If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.

(3B)The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.

(3C)If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.

(3D)The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3E)The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.]

(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 F5... 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) [F6or (c)] 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

F1Words in s. 92(1) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 10; S.I. 2016/52, art. 3(e)

F2S. 92(2)(b)(c) substituted for s. 92(2)(b) (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 36(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

F3Words in s. 92(3) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 36(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

F4S. 92(3A)-(3E) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 36(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

F5Words in s. 92(4) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 36(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

F6Words in s. 92(5) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 36(6), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

Modifications etc. (not altering text)

C11S. 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