Chapter 4: Grant and Implementation of Planning Permission 90B: Condition relating to development progress reports in England
Subsection (1) sets out that new section 90B applies where relevant planning permission is granted for relevant residential development in England.
	Subsection (2) sets out that, where a relevant planning permission is granted, it will be subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period.
	Subsections (3) to (6) set out the reporting periods for a development progress report. The start of the first reporting period will be specified in regulations. The length of the first and subsequent reporting periods is 12 months, and the last reporting period ends on the day on which the development is completed.
	Subsection (7) defines a "development progress report" as a report that sets out: the progress that has been made, and that remains to be made, towards completing the dwellings at the end of the reporting period; the progress which is predicted to be made towards completing the dwellings over each subsequent reporting period up to and including the last reporting period; and any other information that may be prescribed in regulations.
	Subsection (8) states that if relevant planning permission is granted without the condition required by subsection (2), it will be treated as having been granted subject to that condition.
	Subsection (9) outlines what the Secretary of State may, by regulations, make provision for in respect of development progress reports, such as the form and content of development progress reports; when and how development progress reports are to be provided to local planning authorities; and who should provide development progress reports to local planning authorities.
	Subsection (10) sets out the definitions of "relevant planning permission" and "relevant residential development."
	Subsection (4) of section 114 amends section 69 of the TCPA 1990 (register of applications etc), and adds development progress reports to the list of information a local planning authority must keep on their planning register, and adds that prescribed information in respect of development progress reports will be contained in the register. Both elements are required to ensure the information contained in development progress reports is publicly accessible.
	Subsection (5) is an amendment to section 70(1)(a) of the TCPA 1990 (determination of applications: general considerations) and ensures that, where an application is made to a local planning authority for planning permission, if the authority decides to grant planning permission it may do so either unconditionally or conditionally, but this is subject to the condition under section 90B applying where relevant.
	Subsection (6) amends section 73 of the TCPA 1990 (determination of applications to develop land without compliance with conditions previously attached) and ensures that the condition under section 90B cannot be disapplied if planning permission is granted under section 73.
	Subsection (7) amends section 96A of the TCPA 1990 (power to make non-material changes to planning permission) and ensures that the power to remove or alter existing conditions cannot be used to remove or alter the condition under section 90B.
	Subsection (8) amends section 97 of the TCPA 1990 (revocation or modification of planning permission) and ensures that the power to revoke or modify a permission cannot be used to disapply the condition under section 90B.
	Subsection (9) amends section 100ZA(13)(c) of the TCPA 1990 (restrictions on power to impose planning conditions in England), as amended by paragraph 3(12) of Schedule 14 to the Environment Act 2021, and ensures that the imposition of the condition under section 90B cannot be restricted by this section.
	Subsection (10) outlines that, until paragraph 3(12) of Schedule 14 to the Environment Act 2021 comes into force, section 100ZA(13)(c) of the TCPA 1990 has effect so that the imposition of the condition under section 90B cannot be limited by this section.
Example: What happens when a developer does not provide a development progress report once a development has commenced?
Where new section 90B of the TCPA 1990 applies to a developer’s residential planning permission, a local planning authority can expect from a developer a development progress report if its sits within a local planning authority’s area.
Should the condition not be adhered to at any time during the build out of the development, a local planning authority can use the existing enforcement regime for a breach of a planning condition to enforce the matter.
Specifically, if a condition is not complied with (i.e., a development progress report is not provided), a breach of condition notice can be served on the responsible party which sets out the time that the developer must comply with the breach of condition notice by submitting a development progress report (minimum of 28 days). If they fail to comply with such a notice, then they are guilty of an offence.
Currently, the maximum penalty on summary conviction is a fine not exceeding level 4 on the standard scale (currently £2,500).
Taken as a whole, the measure is creating a new national planning condition that the existing enforcement regime will apply to. This has criminal sanctions applied.
Once the development progress report is received by the local planning authority it is placed on their statutory planning register to ensure that the information it contains is accessible to the public and interested parties.