Part III Control over development

F1Termination of planning permission: England

93HCompletion notices

(1)

This section applies where—

(a)

a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed,

(b)

development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone,

(c)

development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone,

(d)

a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or

(e)

a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed.

(2)

If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”).

(3)

The completion notice deadline must be—

(a)

at least 12 months after the completion notice was served, and

(b)

if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period.

(4)

A completion notice must include—

(a)

prescribed information in relation to the right of appeal against the notice, and

(b)

any other prescribed information.

(5)

A completion notice must be served on—

(a)

the owner of the land,

(b)

if different, the occupier of the land, and

(c)

a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice.

(6)

The local planning authority may withdraw a completion notice at any time before the completion notice deadline.

(7)

If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice.

(8)

If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice.