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Planning Permission for Local Authority Developments to Run with the Land

The Town and Country Planning General (Amendment) (England) Regulations 2018 (SI 2018/99) (2018 Regulations) have been made and will come into force on 23 February 2018.
Generally, a planning permission runs with the land.  However, an exception to this principle is where a local planning authority (LPA) grants itself planning permission for its own development, the permission is only for the benefit of the LPA (or in the case of joint development, the LPA and the other person specified in the planning application) (regulation 9, Town and Country Planning General Regulations 1992 (SI 1992/1492)). In England, this exception is dis-applied in the case of some categories of authority (regulations 9A and 9AA).
The 2018 Regulations completely remove the general exception in England, so that where an LPA grants itself planning permission, that permission will run with the land.
This change will apply planning permissions granted after 23 February 2018.
Source: Town and Country Planning General (Amendment) (England) Regulations 2018 (SI 2018/99).


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