Time limits on existing planning permissions – General Rule 3 years

Section 58(1) of the Town and Country Planning (Scotland) Act 1997, as amended 1st October 2022, provides that grant of planning permission must be subject to a condition on its duration. The condition must provide that the development to which the permission relates must have begun not later than the expiration of either:

• three years from the date of grant of permission or
• such other period as the planning decision-maker may specify when granting permission.
  If no condition on duration is expressly attached to a grant of planning permission, then the permission is deemed to be subject to a condition limiting the duration of the permission to three years. Planning permission lapses if the development is not commenced as required by the condition.

In Scotland, standard planning permission must be started within three years of being granted, or a different period set by the authority, while Planning Permission in Principle (PiP) usually requires Approval of Matters Specified in Conditions (AMSIC) applications within three years, and the development started within five years (or two years of final AMSIC approval), though authorities can set varied timeframes for both, and different rules apply to outline permissions granted before newer legislation. Unauthorized development becomes lawful after ten years, with no enforcement action possible thereafter.