Duration of planning permissionE+W

35Duration of planning permission: generalE+W

(1)Section 91 of TCPA 1990 (general condition limiting duration of planning permission) is amended in accordance with subsections (2) to (6).

(2)In subsection (1), in paragraph (a), for the words before “beginning with” substitute “ the applicable period, ”.

(3)In subsection (3)—

(a)after “shall” insert “ (subject to subsections (3ZA) and (3ZB)) ”;

(b)for the words from “expiration of” to the end, substitute “ expiration of the applicable period, beginning with the date of the grant ”.

(4)After subsection (3) insert—

(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.

(5)In subsection (3A), after “validity” insert “ , in respect of the development of land in England, ”.

(6)After subsection (4) insert—

(5)The applicable period—

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

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

(7)In section 73 of TCPA 1990 (determination of applications to develop land without compliance with conditions previously attached), in subsection (5), after “under this section” insert “ for the development of land in England ”.

(8)In section 51 of PCPA 2004 (duration of permission and consent), in subsection (1), omit paragraph (a).


Commencement Information

I1S. 35 partly in force; s. 35 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2S. 35 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b) (with art. 13)