Is there a time limit on planning conditions?
There are two time limits set out in section 171B of the Town and Country Planning Act 1990 for an authority to take enforcement action: four years where the breach comprises either operational development (the carrying out of unauthorised building, engineering, mining or other operations) or the change of use of a …
How long do you have to discharge planning conditions?
How Long Does the Discharge of Pre-commencement Planning Conditions Take? These are the discharge of planning conditions timescales: the planning authority is meant to give you a decision within eight weeks of receiving your application.
How long do planning conditions apply?
3 years beginning with the date on which the permission is granted, or; such other period (whether longer or shorter) as the local planning authority may impose.
What is planning condition 11?
It records the policy that conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects.
What happens if you don’t discharge planning conditions?
Failure to discharge conditions at the correct time can invalidate a planning permission. For example, starting work on site without complying with the pre-conditions may render your permission null and void leading to enforcement action and possible criminal sanctions.
Do planning conditions expire?
By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it’s granted to begin the development. If you haven’t started work by then, you will probably need to reapply.
What happens if planning conditions are not met?
How do I discharge a planning condition?
The discharge of a planning condition involves a formal application process where details relating to an approved development can be considered and a decision made on their acceptability. It is important to read the decision notice in full before any work begins.
Is there a time limit for planning permission?
There is a statutory default time limit of 3 years for a full planning permission and for outline permissions, the default period is 3 years for submission of reserved matters, and an additional 2 years for implementation following final approval of the last of the reserved matters.
What is the use of conditions in planning permissions?
1. This Circular and the accompanying Annex sets out Government policy on the use of conditions in planning permissions. It updates and revises the guidance in SDD Circular 18/1986, which (except for Appendices A and B – see paragraph 11 below) is now cancelled, to take account of:
Can a section 73 application be used to change a time limit?
As a section 73 application cannot be used to vary the time limit for implementation, this condition must remain unchanged from the original permission. If the original permission was subject to a planning obligation then this may need to be the subject of a deed of variation.
What happens when section 73 planning permission is granted?
Where an application under section 73 is granted, the effect is the issue of a new planning permission, sitting alongside the original permission, which remains intact and unamended. A decision notice describing the new permission should be issued, setting out all of the conditions related to it.