Deemed discharge of planning conditions: government response to consultation

The government has responded to section 3 of the technical consultation on planning - on the procedural detail of the deemed discharge of planning conditions measure.

The government states that unnecessary delays in the discharge of planning conditions can prevent developments with planning permission from commencing and therefore the delivery of new homes and other development that is critical to the country’s future prosperity. To address this, the government is seeking enabling powers to introduce the deemed discharge of certain planning conditions in the Infrastructure Bill.

In July 2014 the government published the consultation paper ‘Technical Consultation on Planning’, which included a section that sought specific views on its proposals for the procedural detail of the deemed discharge measure.

A total of 478 responses to the consultation on the procedural detail of the deemed discharge measure were received. Local authorities represented the largest group of respondents (205), prospective applicants and those that represent other development interests accounted for 57 responses and the remainder (216) came from a broad range of groups including parish councils, businesses, voluntary organisations and members of the public.

This document provides a summary of the responses received to each of the substantive proposals on the procedural detail of the deemed discharge measure and the Government’s response to them.

The intention is that a deemed discharge would only apply to planning conditions that are attached to planning permission when it is granted and that require the further approval of the local authority on matters of detail. Where not excluded and subject to following the correct procedure, a deemed discharge would mean that the condition would be treated as approved (deemed to be discharged) where a decision has not been made on the application by the local planning authority within a prescribed period. While the Government intends the framework of this measure to be set out in primary legislation, the consultation asked for views on the detail of how a deemed discharge would work in practice. The intention is that this detail would form part of subsequent secondary legislation.

Date: 03/11/2014 Date of publication

Author: DCLG

DCP link: This item updates DCP section 7.1


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