During February 2018, the government asked for feedback on their draft regulations relating to Pre-commencement Conditions. The Town and Country Planning (Pre-commencement Conditions) Regulations 2018 have now come into force (1 October 2018). Planning permission subject to a pre-commencement condition may not be granted to an applicant unless the applicant has agreed to the terms in writing.

A Pre-commencement condition is defined as “a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with before any building or other operation comprised in the development is begun, or where the development consists of a material change in the use of any buildings or other land, before the change of use is begun”. [1]

If you have applied for planning and permission and the Local Planning Authority is minded to be granted subject to a pre-commencement condition, you will be given notice in writing. This will enable you to either agree with the proposed condition(s) or provide comments on the proposed condition(s).

Should you not respond in writing to the Local Planning Authority before the date specified, the planning permission may be granted containing all of the proposed pre-commencement conditions without your agreement.


Sarah-Jane is a Senior Associate in our planning team and acts for a range of clients including businesses and private individuals who require assistance through the planning process. If you have any questions please get in touch by telephone 01872 265100 or by email planning@stephens-scown.co.uk 

[1] Section 100ZA(8) of the Town and Country Planning Act 1990 ( as inserted by the Neighbourhood Planning Act 2017)