In July this year, the government issued a consultation entitled "Technical Consultation on Planning". One section of this asked for views on whether there should be a system for deeming that a condition attached to a planning permission has been discharged where the local planning authority has not responded within a reasonable time.
The government's response to this aspect of the consultation has now been issued and will be implemented as follows:
The deemed discharge will not be available for all types of conditions. It will not apply to:
The Infrastructure Bill, which is currently before the House of Lords, contains power for the Secretary of State to make a development order in relation to the deemed discharge of planning conditions. Once the Infrastructure Bill has become law, the government will introduce secondary legislation setting out the detail of the deemed discharge procedure. However, at this stage, we do not know when that secondary legislation will be passed.
Katherine Evans, Head of Planning & Environment at TLT said "Some developers may find this a useful tool to speed up the process of getting on site."
Contributor: Alexandra Holsgrove Jones
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