Q&As

An application for outline planning permission is made in respect of a development and outline planning permission is subsequently granted subject to reserved matters approval. Following this, a reserved matters application is made in time and subsequently approved, but the development is not commenced in time in accordance with the conditions of the outline permission. If the applicant goes on to submit an application to discharge the reserved matters and it is approved by the local planning authority (having not realised the development was not commenced in time) has the development been lawfully implemented?

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Produced in partnership with Lucy Coe of Browne Jacobson
Published on LexisPSL on 03/04/2018

The following Planning Q&A Produced in partnership with Lucy Coe of Browne Jacobson provides comprehensive and up to date legal information covering:

  • An application for outline planning permission is made in respect of a development and outline planning permission is subsequently granted subject to reserved matters approval. Following this, a reserved matters application is made in time and subsequently approved, but the development is not commenced in time in accordance with the conditions of the outline permission. If the applicant goes on to submit an application to discharge the reserved matters and it is approved by the local planning authority (having not realised the development was not commenced in time) has the development been lawfully implemented?

We have assumed for the purposes of this Q&A that planning permission refers to land in England. Note that the position in Wales is different.

Section 92 of the Town and Country Planning Act 1990 (TCPA 1990) provides that where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it is to be subject to conditions to the effect that:

  1. any reserved matter application must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission, and

  2. the development to which the permission relates must begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved

The local planning authority (LPA) has discretion to grant the outline planning permission subject to longer and shorter timeframes, but we have assumed

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