Over the summer, the Government published a document for public consultation, Technical Consultation on Planning. It contained a series of proposals, including expanding permitted development rights, and the deemed discharge of planning conditions.
Today, the Government has published its first response to the technical consultation on the deemed discharge of planning conditions. The Government will now publish secondary legislation to allow for the deemed discharge of conditions however, the following exemptions will apply:
- All conditions attached to development that is subject to an Environmental Impact
- All conditions attached to development that is likely to have a significant effect on
a qualifying European site;
- Conditions designed to manage flood risk;
- Conditions that have the effect of requiring that an agreement under Section 106
of the Town and Country Planning Act 1990 (as amended), Section 278 of the
Highways Act 1980 to be entered into;
- Conditions requiring the approval of details for outline planning permissions
required by reserved matters;
- Conditions relating to the investigation and remediation of contaminated land;
- Conditions relating to highway safety;
- Sites of Special Scientific Interest; and
- Conditions relating to investigation of archaeological potential.
Deemed discharge will only be activated upon the applicant serving the relevant planning authority with a notice.
There is currently no timetable for bringing forward this latest change but we will up date you when the rest of the consultation responses are published.