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The Town and Country Planning (Development Management Procedure) (England) Order 2015

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Deemed discharge notice

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29.—(1) In order for a planning condition to be deemed discharged under article 28, the applicant must give a notice (“the deemed discharge notice”) to the local planning authority.

(2) A deemed discharge notice may not be given unless—

(a)at least 6 weeks have elapsed beginning with the day immediately following that on which the application under article 27 is received by the local planning authority; or

(b)such shorter period as may be agreed in writing between the applicant and the local planning authority for serving a deemed discharge notice has elapsed.

(3) The deemed discharge notice must—

(a)provide details of the application submitted under article 27 and identify the planning condition to which it relates;

(b)where the period referred to in article 27 has elapsed, confirm that no appeal has been made under section 78 of the 1990 Act(1); and

(c)specify the date on which deemed discharge is to take effect.

(4) The date specified under paragraph (3)(c) must be no earlier than—

(a)the date the period referred to in article 27 elapses, or

(b)14 days after the day immediately following that on which the deemed discharge notice is received by the local planning authority,

whichever is later.

(1)

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, section 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29).

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