Planning and Development Act 2024
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Effect of expiration of duration of permission | ||
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179. (1) Subject to section 180 , development, or such part thereof, completed in accordance with and prior to the expiration of the duration of a permission shall not be unauthorised development. | ||
(2) Subject to subsection (3), a permission granted under this Part shall, on the expiration of its duration, cease to have effect as regards— | ||
(a) the entire development, where the development to which the permission relates is not commenced prior to the expiration of the duration of the permission, or | ||
(b) so much of the development as is not completed within the duration of the permission, where the development to which the permission relates is commenced within that duration. | ||
(3) (a) Subsection (2) shall not apply— | ||
(i) in relation to retention permission for any unauthorised structure, | ||
(ii) in relation to any permission granted either for a limited period only or subject to a condition specified in paragraph (o) of subsection (3) of section 87 , | ||
(iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or | ||
(iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services, community facilities or open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings. | ||
(b) Subsection (2) shall not affect— | ||
(i) the continuance of any use of land or a maritime site in accordance with a permission, or | ||
(ii) the obligation of any person to comply with any condition attached to the relevant permission in respect of a development that has been completed (whether to an extent specified in subsection (2) or otherwise), whereby something is required either to be done or not to be done. |