Regulation 5 Pre-commencement condition of development
A public authority granting planning permission for a relevant development must impose the condition of developmentf1 specified in paragraph (4).
Paragraph (1) does not apply to a relevant development which began before the grant of planning permission.
The permission granted by a general consent for a relevant development is deemed to be subject to the condition of development specified in paragraph (4) where the development had not begun before the request to pay was accepted.
The condition is that development must not begin before either—
liability to pay the levy is discharged, or
if the levy is to be paid by instalments, liability to pay the first instalment is discharged.
Annotations
Footnotes
- f1
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See section 99 of the Planning and Infrastructure Act 2025 for the meaning of “condition of development”.