56 Time when development begun.E+W
(1)Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—
(a)if the development consists of the carrying out of operations, at the time when those operations are begun;
(b)if the development consists of a change in use, at the time when the new use is instituted;
(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
(3)The provisions referred to in subsection (2) are sections [F161L(5) and (7),] [F270D,] 85(2), 86(6), 87(4), [F389], [F490B,] 91, 92, [F593G,] [F693H,] [F794 and 108(3E)(c)(i)] [F8and paragraph 13 of Schedule 7A].
(4)In subsection (2) “material operation” means—
(a)any work of construction in the course of the erection of a building;
[F9(aa)any work of demolition of a building;]
(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);
(d)any operation in the course of laying out or constructing a road or part of a road;
(e)any change in the use of any land which constitutes material development.
(5)In subsection (4)(e) “material development” means any development other than—
(a)development for which planning permission is granted by a general development order [F10, a local development order or a Mayoral development order] for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;
[F11(b)development of a class specified in paragraph 1 or 2 of Schedule 3;] and
(c)development of any class prescribed for the purposes of this subsection.
(6)In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.
Textual Amendments
F1Words in s. 56(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(a); 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); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2
F2Word in s. 56(3) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 113(3), 255(3) (with s. 247)
F3Word in s. 56(3) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(2)-(4), Sch. 7 para. 10(1) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
F4Word in s. 56(3) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(2), 255(3) (with s. 247)
F5Word in s. 56(3) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 111(3), 255(3)(b) (with s. 247); S.I. 2024/389, reg. 2(g)
F6Word in s. 56(3) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 2 (with s. 247)
F7Words in s. 56(3) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(b); 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); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2
F8Words in s. 56(3) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(2) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
F9S. 56(4)(aa) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 10(2) (with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)
F10Words in s. 56(5)(a) substituted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 3
F11S. 56(5)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(2)-(4), Sch. 6 para. 10; S.I. 1991/2067, art. 3 (subject to art. 4)
Modifications etc. (not altering text)
C1S. 56 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.