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Infrastructure Bill – deemed discharge of planning conditions

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

The Infrastructure Bill 2014 had its second reading in the House of Lords on the 18th June 2014 and is expected to come into force before the next general election.

One provision in the Bill is of particular interest to Developers as it will reduce unnecessary delays and costs in the implementation of a planning consent. The proposed change will mean that the planning authority will not be able to stop development on the basis that the scheme did not have formal approvals required by certain conditions and will mean that sales will not be held up whilst awaiting evidence of the planning authority’s approval.

The Bill introduces a mechanism for certain types of planning conditions to be deemed to be discharged if the planning authority has not notified the applicant of their decision under the condition within a set time period. The Secretary of State may provide in a development order that the period of time for the planning authority’s decision can be extended by agreement between the planning authority and the applicant. The planning authority and the applicant can also agree, before or after the grant of planning permission, that the deemed discharge provisions do not apply to certain conditions.

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