Deemed discharge of planning conditions to go ahead

Deemed discharge of planning conditions to go ahead

The government has confirmed its proposals to deem discharge where the local authority does not respond to developer requests to sign off conditions within a ‘reasonable time’. The measure is hoped to speed up development and create more certainty for developers.

What is the background to the consultation response?

In July 2014, the government published the consultation paper ‘Technical Consultation on Planning’, which sought views on proposals for the procedural detail of the deemed discharge measure.

Unnecessary delays in the discharge of planning conditions can prevent developments with planning permission from commencing and can therefore stall crucial housing and other developments. To address this, the government is seeking enabling powers to introduce the deemed discharge of certain planning conditions in the Infrastructure Bill, which is currently going through Parliament.

How and when will the deemed discharge apply?

As is often the case with government proposals, much of the procedural detail - including, crucially, the time period for non-determination - is yet to be worked out in secondary legislation.

A deemed discharge would only apply to planning conditions that are attached to planning permission when it is granted and that require the further approval of the local authority on matters of detail. Where not excluded and subject to following the correct procedure, a deemed discharge would mean that the condition would be treated as approved (deemed to be discharged) where a decision has not been made on the application by the local planning autho

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About the author:

Jen is a solicitor specialising in planning law. She has experience in relation to a range of planning topics, including environmental impact assessment, section 106 agreements, highways orders, compulsory purchase, freedom of information issues, inquiries, judicial review, the Localism Act 2011, the National Planning Policy Framework and major infrastructure projects. After qualifying at Ashurst, Jen worked at Bevan Brittan and subsequently at CMS Cameron McKenna as an associate in the planning team. She worked as an external author for LexisPSL before joining the team in November 2010. She has written for a variety of legal publications, including the New Law Journal, Utilities Week, Planning Resource and The Lawyer. Jen regularly appears on Talking Law videocasts providing legal updates on planning law.