Town and Country Planning Act 1990

Duration of planning permissionE+W

91 General condition limiting duration of planning permission.E+W

(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)[F1the 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 [F2(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 [F3expiration of the applicable period, beginning with the date of the grant].

[F4(3ZA)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.]

[F5(3A)Subsection (3B) applies if any proceedings are begun to challenge the validity[F6, 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 [F7, a local development order or a neighbourhood development order];

(b)to any planning permission [F8granted for development carried out before the grant of that permission];

(c)to any planning permission granted for a limited period;

F9[(d)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.

[F10(5)The applicable period—

(a)in relation to England, is three years;

(b)in relation to Wales, is five years.]

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[F11, 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)[F12that, 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 [F13(subject to subsections (3A) to (3D))] be deemed to have been granted subject to those conditions.

[F14(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 F15... 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) [F16or (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.

93 Provisions supplementary to ss. 91 and 92.E+W

(1)The authority referred to in section 91(1)(b) or 92(4) is—

(a)the local planning authority[F17, the Welsh Ministers] or the Secretary of State, in the case of planning permission granted by them,

(b)in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and

(c)in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.

(2)For the purposes of section 92, a reserved matter shall be treated as finally approved—

(a)when an application for approval is granted, or

(b)in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.

(3)Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.

(4)In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—

(a)development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and

(b)an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

[F1893AExtension of certain planning permissions: automatic extensionE+W

(1)This section applies in relation to relevant planning permission granted or deemed to be granted—

(a)in relation to the development of land in England, and

(b)subject to a condition which has the effect that the development to which the permission relates must be begun not later than a time falling within the period—

(i)beginning with the day on which section 17 of the Business and Planning Act 2020 comes into force, and

(ii)ending with 31 December 2020.

(2)The condition is deemed to provide instead that the development to which the relevant planning permission relates must be begun not later than 1 May 2021.

(3)The time by which the development to which the relevant planning permission relates must be begun is not to be extended (whether by section 91(3B) or otherwise) to a later time than that for the time being provided for in subsection (2).

(4)The reference in subsection (1) to relevant planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified (whether by section 91(3B) or otherwise).

93BExtension of certain planning permissions: additional environmental approvalE+W

(1)This section applies in relation to relevant planning permission granted or deemed to be granted—

(a)in relation to the development of land in England, and

(b)subject to a condition which has the effect that the development to which the permission relates must be begun not later than a time falling within the period—

(i)beginning with 23 March 2020, and

(ii)ending with the day before that on which section 17 of the Business and Planning Act 2020 comes into force.

(2)If an approval under this section (“an additional environmental approval”) is granted, or deemed to be granted, in relation to the relevant planning permission—

(a)the condition is deemed to provide instead that the development to which the permission relates must be begun not later than 1 May 2021, and

(b)the time by which the development must be begun is not to be extended (whether by section 91(3B) or otherwise) to a later time than that for the time being provided for in paragraph (a).

(3)A person with an interest in the land or a person acting on behalf of such a person (“the applicant”) may make an application to a local planning authority in whose area the land is situated for an additional environmental approval in relation to the relevant planning permission.

(4)The application must—

(a)be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,

(b)specify the date on which the application is sent,

(c)give sufficient information to enable the authority to identify the relevant planning permission in respect of which it is made,

(d)give sufficient information to enable the authority to identify the condition which would be affected by subsection (2)(a) if the additional environmental approval is granted, and

(e)give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.

(5)The local planning authority must, by notice in writing to the applicant, grant, or refuse to grant, the additional environmental approval in relation to the relevant planning permission before the end of the period of 28 days beginning with the day after that on which the application in accordance with subsection (4) was sent.

(6)If the local planning authority fails to do so, the additional environmental approval is deemed to be granted in relation to the relevant planning permission.

(7)The applicant and the local planning authority may agree in writing one or more extensions to the period mentioned in subsection (5), but the period may not be extended by a total of more than 21 days.

(8)The local planning authority is to grant the additional environmental approval in relation to the relevant planning permission if and only if—

(a)the EIA requirement is met, and

(b)the habitats requirement is met.

(9)The EIA requirement is met if, at the time the local planning authority is deciding the application—

(a)no development to which the relevant planning permission relates is EIA development (within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571)), or

(b)if any is—

(i)a reasoned conclusion was reached and integrated, as mentioned in paragraph (1) of regulation 26 of those regulations, in relation to the permission, and

(ii)in relation to that reasoned conclusion the authority is satisfied as mentioned in paragraph (2) of that regulation.

(10)The habitats requirement is met where, if a decision were being taken as to whether to grant the relevant planning permission at the time the local planning authority is deciding the application—

(a)regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) would not require an assessment to be carried out first of the implications of the development to which the permission relates for a European site or a European offshore marine site, or

(b)regulation 63(1) of those regulations would require an assessment of the kind mentioned in paragraph (a) to be carried out first, but—

(i)an assessment of that kind was carried out before the permission was granted or deemed to be granted,

(ii)in accordance with regulation 63(5) and (6) of those regulations, it was ascertained, in light of the assessment, that the development to which the permission relates would not adversely affect the integrity of the European site or (as the case may be) the European offshore marine site, and

(iii)the authority is satisfied that the assessment remains up to date.

(11)An additional environmental approval may not be granted subject to any condition.

(12)No additional environmental approval is to be granted or deemed to be granted after 31 December 2020, unless it is granted on an appeal in respect of which the notice under section 78(3) is served on or before that date.

(13)A person who makes an application under this section is to be taken to have agreed—

(a)to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and

(b)that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's application.

(14)In discharging its functions under this section, a local planning authority must have regard to any guidance issued by the Secretary of State.

(15)The reference in subsection (1) to relevant planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 91(3B) or otherwise).

(16)In this section “European site” and “European offshore marine site” have the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

93CInterpretation of sections 93A and 93BE+W

In sections 93A and 93B “relevant planning permission” means any planning permission other than that which is—

(a)granted by a development order, a local development order, a Mayoral development order or a neighbourhood development order,

(b)granted by an enterprise zone scheme,

(c)granted by a simplified planning zone scheme,

(d)deemed to be granted under section 90 (development with government authorisation), or

(e)outline planning permission (within the meaning given by section 92(1)).]

[F1993DOutline planning permission: automatic extension of time limits for application for approvalE+W

(1)This section applies in relation to outline planning permission granted or deemed to be granted—

(a)in relation to the development of land in England, and

(b)subject to a condition which has the effect that application for approval of a reserved matter must be made not later than a time falling within the period—

(i)beginning with 23 March 2020, and

(ii)ending with 31 December 2020.

(2)The condition is deemed to provide instead that application for approval of that reserved matter must be made not later than 1 May 2021.

(3)The time by which that application for approval must be made is not to be extended to a later time than that for the time being provided for in subsection (2).

(4)The reference in subsection (1) to outline planning permission granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.

(5)In this section “outline planning permission” and “reserved matter” have the meanings given by section 92(1).

93EOutline planning permission: automatic extension of certain time limits for beginning developmentE+W

(1)This section applies in relation to outline planning permission granted or deemed to be granted—

(a)in relation to the development of land in England, and

(b)subject to a condition which has the effect that all or a part of the development to which the permission relates must be begun not later than a time falling within the period—

(i)beginning with the day on which section 18 of the Business and Planning Act 2020 comes into force, and

(ii)ending with 31 December 2020.

(2)The condition is deemed to provide instead that the development or (as the case may be) the part of the development must be begun not later than 1 May 2021.

(3)The time by which the development or (as the case may be) the part of the development must be begun is not to be extended to a later time than that for the time being provided for in subsection (2).

(4)The reference in subsection (1) to outline planning permission granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.

(5)In this section “outline planning permission” has the meaning given by section 92(1).

93FOutline planning permission: extension of limits for beginning development with additional environmental approvalE+W

(1)This section applies in relation to outline planning permission granted or deemed to be granted—

(a)in relation to the development of land in England, and

(b)subject to a condition which has the effect that all or a part of the development to which the permission relates must be begun not later than a time falling within the period—

(i)beginning with 23 March 2020, and

(ii)ending with the day before that on which section 18 of the Business and Planning Act 2020 comes into force.

(2)If an approval under this section (“an additional environmental approval”) is granted, or deemed to be granted, in relation to the outline planning permission—

(a)the condition is deemed to provide instead that the development or (as the case may be) the part of the development must be begun not later than 1 May 2021, and

(b)the time by which the development or (as the case may be) the part of the development must be begun is not to be extended to a later time than that for the time being provided for in paragraph (a).

(3)A person with an interest in the land or a person acting on behalf of such a person (“the applicant”) may make an application to a local planning authority in whose area the land is situated for an additional environmental approval in relation to the outline planning permission.

(4)The application must—

(a)be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,

(b)specify the date on which the application is sent,

(c)give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made,

(d)give sufficient information to enable the authority to identify the condition which would be affected by subsection (2)(a) if the additional environmental approval is granted, and

(e)give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.

(5)The local planning authority must, by notice in writing to the applicant, grant, or refuse to grant, the additional environmental approval in relation to the outline planning permission before the end of the period of 28 days beginning with the day after that on which the application in accordance with subsection (4) was sent.

(6)If the local planning authority fails to do so, the additional environmental approval is deemed to be granted in relation to the outline planning permission.

(7)The applicant and the local planning authority may agree in writing one or more extensions to the period mentioned in subsection (5), but the period may not be extended by a total of more than 21 days.

(8)The local planning authority is to grant the additional environmental approval in relation to the outline planning permission if and only if—

(a)the EIA requirement is met, and

(b)the habitats requirement is met.

(9)The EIA requirement is met if, at the time the local planning authority is deciding the application—

(a)no development to which the outline planning permission relates is EIA development (within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571)), or

(b)if any is—

(i)a reasoned conclusion was reached and integrated, as mentioned in paragraph (1) of regulation 26 of those regulations, in relation to the permission, and

(ii)in relation to that reasoned conclusion the authority is satisfied as mentioned in paragraph (2) of that regulation.

(10)The habitats requirement is met where, if a decision were being taken as to whether to grant the outline planning permission at the time the local planning authority is deciding the application—

(a)regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) would not require an assessment to be carried out first of the implications of the development to which the permission relates for a European site or a European offshore marine site, or

(b)regulation 63(1) of those regulations would require an assessment of the kind mentioned in paragraph (a) to be carried out first, but—

(i)an assessment of that kind was carried out before the permission was granted or deemed to be granted,

(ii)in accordance with regulation 63(5) and (6) of those regulations, it was ascertained, in light of the assessment, that the development to which the permission relates would not adversely affect the integrity of the European site or (as the case may be) the European offshore marine site, and

(iii)the authority is satisfied that the assessment remains up to date.

(11)An additional environmental approval may not be granted subject to any condition.

(12)No additional environmental approval is to be granted or deemed to be granted after 31 December 2020, unless it is granted on an appeal in respect of which the notice under section 78(3) is served on or before that date.

(13)A person who makes an application under this section is to be taken to have agreed—

(a)to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and

(b)that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's application.

(14)In discharging its functions under this section, a local planning authority must have regard to any guidance issued by the Secretary of State.

(15)The reference in subsection (1) to outline planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.

(16)In this section—

• “European site” and “European offshore marine site” have the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

• “outline planning permission” has the meaning given by section 92(1).]