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27 May 2020 / William Tyzack
Issue: 7888 / Categories: Features , Covid-19 , Property
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Arrested development

21415
Development in lockdown: the pitfalls of an approaching deadline & compliance with permission conditions. William Tyzack reports
  • Minimal commencement of works: an obvious solution?
  • Difficulty in complying with pre-commencement conditions: the options available.
  • Coronavirus: challenges of protecting the workforce.

Pursuant to s 91 of the Town and Country Planning Act 1990 (TCPA 1990) development work subject to a grant of planning permission must be begun within a period of three years, unless the planning authority has imposed, when granting permission, a different duration (whether longer or shorter). It is, furthermore, not permissible for a planning authority to extend the deadline by agreement with the landowner or developer. Conditions controlling the way in which the planning permission must be implemented may also be imposed by the planning authority, which may include works that are required to take place before the development work begins. These ‘pre-commencement works’ could include, for instance, discontinuance of any existing land use, removal of buildings, certain access or drainage works, or landscaping.

While recent relaxation of lockdown restrictions, coupled with the modification of the government’s ‘stay-at-home’ message

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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