[74A Deemed discharge of planning conditions]
[74A Deemed discharge of planning conditions]

[(1)     The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies.

(2)     This section applies to a condition which—

(a)     has been imposed on the grant of planning permission for the development of land in England, and

(b)     requires the consent, agreement or approval of a local planning authority to any matter.

(3)     Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given.

(4)     A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if—

(a)     a person (“the applicant”) has applied to the local planning authority for the consent, agreement or approval required by the condition,

(b)     the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and

(c)     the applicant has taken such further steps (if any) as are prescribed under subsection (5).