Section 92A Extension of outline planning permission etc in event of legal challengeF1

(1)

This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—

(a)

a grant (or deemed grant) of outline planning permission, or

(b)

the approval of reserved matters under such a permission.

(2)

Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.

(3)

If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.

(4)

If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.

(5)

Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).

(6)

Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).

(7)

Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).

(8)

For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).

(9)

Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.

(10)

Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.

(11)

Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.

(12)

Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.

(13)

In this section—

“implementation period”, in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));
“outline planning permission” has the same meaning as in section 92;
“reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;
“reserved matters application period”, in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).

(14)

In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).