Regulations are due to come into force on 1 October 2018 giving effect to the restrictions on pre commencement conditions contained in S100ZA of the Town and Country Planning Act 1990. 

These regulations will require conditions of a pre commencement nature to be agreed with an applicant on grant of planning permissions on or after 1st October 2018.

The LPA or Secretary of State as the case may be is to give notice to an applicant stating they are to grant permission subject to pre commencement condition(s) as set out in that notice.  If the applicant does not provide a substantive response within the time period set out in the notice, the permission is to be granted without the condition or the permission be refused. 

The planning permission cannot be determined until the period in the notice has expired.

A permission can be determined before the expiry of the period if a substantive response is received or a written agreement as to the terms of the proposed pre commencement condition

The notice to be served must set out:

  • the text of the pre commencement condition,
  • the full reasons for the condition
  • the full reasons for the condition to be pre commencement; and
  • notice that a substantive response is to be received no later than the last of the period of 10 working days beginning with the date after the date on which the notice was given. 

Time will tell whether these regulations will lead to fewer pre commencement conditions or whether in reality, applicants will simply not want to risk delaying the grant of planning permission in order to argue the point with the LPA.

About the author

Rebecca Mushing Solicitor

Rebecca advises on various planning and highway matters as well as a variety of commercial property transactions.