My Lords, the effect of all four Amendments 90A, 95C, 96ZB and 96 would be to put a timeframe in the Bill to allow local authorities to reopen the principle of development when determining an application for technical details consent after a permission in principle has been in place for three years.
Proposed new Section 70(2ZZC), as introduced by the Government, will give local authorities the ability to re-examine the principle of development when a permission in principle has been in place for longer than a set period and where there has been a material change in circumstance. I assure noble Lords that we intend to set out a suitable period for when the principle of development could be reconsidered in secondary legislation. We are currently consulting on the duration of a permission in principle granted either on allocation in a plan or on application to a local authority. To set the duration of permission in principle in secondary legislation rather than in the Bill is a prudent approach, because it gives us a better opportunity to ensure that this model works as intended and for the Secretary of State to keep it under review and respond as appropriate.
Amendment 92J would have the effect of removing the ability to prescribe the type of development that can be granted permission in principle in secondary legislation and—taken with some of the other amendments tabled by the noble Lord to this clause—would limit permission in principle to housing development only. Once again, I understand the desire to place detail in the Bill. However, as I have already set out, there are important reasons why permission in principle should not be restricted in this way. The power that Amendment 92N seeks to remove is there simply to ensure that permission in principle is consistent with the existing system. This is important as it minimises complexity, and for this reason, I ask the noble Lord to consider not moving this amendment.
On Amendment 93, I will briefly explain to noble Lords our intentions behind proposed new subsection (4)(b) in Clause 136 on the duration of permission in principle. We have no intention of allowing permission in principle to exist in perpetuity. We are intent on setting out a sensible duration and are currently consulting on the option of setting that limit at five years. Proposed new subsection (4)(b) would give us important flexibility to ensure that, in appropriate circumstances, where a
plan or a register is more regularly revised or updated, it does not automatically mean that permission in principle comes to an end.