Town and Country Planning Act 1990

Applications for planning permission

62 Form and content of applications for planning permission

Any application to a local planning authority for planning permission—

(a) shall be made in such manner as may be prescribed by regulations under this Act; and

(b) shall include such particulars and be verified by such evidence as may be required by the regulations or by directions given by the local planning authority under them.

63 Applications in connection with existing buildings and uses

(1) An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application.

(2) Such an application may be—

(a) in respect of buildings or works constructed or carried out, or a use instituted, without planning permission or in accordance with planning permission granted for a limited period; or

(b) for permission to retain buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.

(3) Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (2); and references in the planning Acts to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(4) Any planning permission granted in accordance with subsection (3) may be granted—

(a) so as to take effect from the date on which the buildings or works were constructed or carried out or the use was instituted, or

(b) in the case of buildings or works constructed or carried out or a use instituted in accordance with planning permission granted for a limited period, so as to take effect from the end of that period.

(5) Subsection (3) shall not affect the construction of section 65, 71(1) or 197 or Part V.

64 Applications to determine whether planning permission required

(1) If any person who proposes to carry out any operations on land, or to make any change in the use of land—

(a) wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land, and

(b) if so, whether an application for planning permission in respect of it is required under this Part (having regard to the provisions of any development order, enterprise zone scheme or simplified planning zone scheme),

he may apply to the local planning authority to determine that question.

(2) An application under subsection (1) may be made either as part of an application for planning permission or without any such application.

(3) The provisions of sections 59, 69(1), (2) and (5), 70, 74, 77, 78 and 79 shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination of it, as they apply in relation to applications for planning permission and to the determination of such applications.