Q&As

Are planning permissions, granted under Regulation 3 of the Town and Country Planning General Regulations 1992, for the benefit of the applicant only? ie permissions are personal and do not run with the land where it is transferred.

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Produced in partnership with Christine Willmore of University of Bristol Law School
Published on LexisPSL on 21/06/2016

The following Planning Q&A Produced in partnership with Christine Willmore of University of Bristol Law School provides comprehensive and up to date legal information covering:

  • Are planning permissions, granted under Regulation 3 of the Town and Country Planning General Regulations 1992, for the benefit of the applicant only? ie permissions are personal and do not run with the land where it is transferred.

The answer to this question will depend upon the nature of the authority involved.

The Town and Country Planning General Regulations 1992, SI 1992/1492 make provision for an interested planning authority to determine planning applications in relation to land it owns, or developing by that authority alone or jointly (Regulation 3).

Under Regulation 4, where the development would normally be determined by a different body, this exception will only apply if the interested planning authority intends to carry out the development or do so jointly with others.

The provision replaced one that had caused considerable litigation in relation to allegations

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