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The Town and Country Planning (Pre-commencement Conditions) Regulations 2018

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 100ZA of the Town and Country Planning Act 1990 (the 1990 Act), which was inserted by section 14 of the Neighbourhood Planning Act 2017, provides that planning permission for the development of land may not be granted subject to a pre-commencement condition (as defined in section 100ZA(8) of the 1990 Act) without the written agreement of the applicant to the terms of the condition. This requirement is subject to such exclusions as may be prescribed by the Secretary of State (see section 100ZA(6)).

Regulation 2 provides that planning permission may be granted subject to a pre-commencement condition without the applicant’s written agreement if the applicant has been notified of the intention to impose a pre-commencement condition and has not responded by the date specified in the notice.

The provisions made in these Regulations apply only to conditions on a grant or modification of planning permission granted or modified after the coming into force of these Regulations.

A separate impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen. The existing impact assessment for primary legislation can be found at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/582706/Summary_of_Impacts_-_House_of_Lords.pdf

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