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Town and Country Planning Act 1990

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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)[F1three years] 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 be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of [F2three years] beginning with the date of the grant.

[F3(3A)Subsection (3B) applies if any proceedings are begun to challenge the validity 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 [F4[F5, a local development order or a neighbourhood development order]] ;

(b)to any planning permission [F6granted for development carried out before the grant of that permission];

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

F7[(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.

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Amendments (Textual)

F1Words in s. 91(1)(a) substituted (24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(1)(a), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F2Words in s. 91(3) substituted (24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(1)(a), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F3S. 91(3A)-(3C) inserted (24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(1)(b), 121 (with ss. 51(6), 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F4Words in s. 91(4)(a) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(g) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F5Words in s. 91(4)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 240(2)(5)(j), Sch. 12 para. 13; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

C1S. 91 excluded (5.11.1993) by 1993 c. 42, s. 24(2) (with ss. 2, 30(1), Sch. 2 para.9)

S. 91 excluded (18.12.1996) by 1996 c. 61, s. 10(4)

C2S. 91 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 11(4)

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