Section 91 General condition limiting duration of planning permission.C1 C2 C3 C4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 91(4)(a) words inserted by Infrastructure Act 2015 Sch. 4 para. 14
s. 91(1)(a) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(a)
s. 91(2) words inserted by 2023 c. 55, Sch. 6 para. 6 (as amended) (cond.) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 445(c)
s. 91(2)(a) words omitted (cond.) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(b)(i)
s. 91(2)(b) and word omitted (cond.) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(b)(ii)
s. 91(3) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(c)(i)
s. 91(3) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(c)(ii)
s. 91(3A) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(e)
s. 91(3ZA)-(3ZD) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(d)
s. 91(5) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 53(f)
s. 91(2) words substituted by Levelling-up and Regeneration Act 2023 Sch. 6 para. 6
s. 91(4)(a) words substituted by Levelling-up and Regeneration Act 2023 Sch. 9 para. 1(14)

(1)

Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a)

F1the applicable period, beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b)

such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.

(2)

The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.

(3)

If planning permission is granted without the condition required by subsection (1), it shall F2(subject to subsections (3ZA) and (3ZB)) be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the F3expiration of the applicable period, beginning with the date of the grant.

F4(3ZA)

Subsection (3ZB) applies if—

(a)

a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and

(b)

the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.

(3ZB)

The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.

(3ZC)

The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).

(3ZD)

References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.

(F5F63A)

In subsections (3B) to (3BB)—

“implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));
“relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.

(3B)

If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.

(3BA)

If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.

(3BB)

If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.

(3BC)

Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).

(3BD)

Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).

(3BE)

Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).

(3BF)

The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).

(3C)

Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.

(4)

Nothing in this section applies—

(a)

to any planning permission granted by a development order F7, a local development order or a neighbourhood development order;

(b)

to any planning permission F8granted for development carried out before the grant of that permission;

(c)

to any planning permission granted for a limited period;

F9(d)

to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)

the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)

the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

(e)

to any planning permission granted by an enterprise zone scheme;

(f)

to any planning permission granted by a simplified planning zone scheme; or

(g)

to any outline planning permission, as defined by section 92.

F10(5)

The applicable period—

(a)

in relation to England, is three years;