94Conditions of outline planning permission(1)

Outline planning permission must be granted subject to the conditions that—

(a)

an application for approval of each reserved matter must be made before the end of a period specified in the condition that begins with the day the permission is granted, and

(b)

the development must start before—

(i)

the end of a period specified in the condition that begins with the day the permission is granted, or

(ii)

if later, the end of a period specified in the condition that begins with the day the reserved matters are finally approved (or, if they are finally approved on different days, with the last of those days).

(2)

A condition imposed under subsection (1)(a) may specify different periods for different parts of the development; and if it does so, the condition required by subsection (1)(b) must be framed by reference to those parts instead of the development as a whole.

(3)

If outline planning permission is granted without the condition required by subsection (1)(a), it is to be treated as having been granted subject to the condition that an application for approval of each reserved matter must be made before the end of 3 years beginning with the day the permission was granted.

(4)

But if—

(a)

the outline planning permission granted without the condition required by subsection (1)(a) is planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted, and

(b)

the previous permission was subject to a condition specifying a period before the end of which an application for approval of each reserved matter was required to be made,

the outline planning permission is to be treated as having been granted subject to the condition that an application for approval of each reserved matter must be made before the end of that period.

(5)

If outline planning permission is granted without the condition required by subsection (1)(b), it is to be treated as having been granted subject to the condition that the development must start before—

(a)

the end of 5 years beginning with the day the permission was granted, or

(b)

if later, the end of 2 years beginning with the day the reserved matters are finally approved (or, if they are finally approved on different days, with the last of those days).

(6)

But if—

(a)

the outline planning permission granted without the condition required by subsection (1)(b) is planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted, and

(b)

the previous permission was subject to a condition specifying a period before the end of which development was required to start,

the outline planning permission is to be treated as having been granted subject to the condition that the development to which it relates must start before the end of that period.

(7)

The fact that outline planning permission is subject to a condition by virtue of this section does not prevent the condition being the subject of an application under section 68 or an appeal under section 73.

(8)

For the purposes of this section, a reserved matter is finally approved—

(a)

when an application for approval is granted, or

(b)

in a case where an application for approval is made to a planning authority and the Welsh Ministers grant the approval on an appeal against the authority’s decision or an appeal under section 73(3) relating to the application, when the appeal is determined.