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Part IIIE+W Control over development

Modifications etc. (not altering text)

C1Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C4Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

[F1Applications made to Welsh Ministers: generalE+W

Textual Amendments

F1Ss. 62P, 62Q and cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 24, 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

62PApplications to the Welsh Ministers: supplementaryE+W

(1)A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final.

(2)The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority.

(3)The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

(4)Directions given under this section—

(a)may relate to a particular application or description of application, or to applications generally;

(b)may be given to a particular authority or description of authority, or to authorities generally.

(5)The power to give directions under this section includes power to vary or revoke the directions.

62QNotifying community councils of applications made to Welsh MinistersE+W

(1)This section applies if—

(a)an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and

(b)a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

(2)The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

(3)The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

(4)The “relevant local planning authority”, for this purpose, is—

(a)in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made;

(b)in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority.]

[F262RPower to make provision by development order in respect of applications to Welsh MinistersE+W

(1)A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers.

(2)That provision may include provision about—

(a)consultation to be carried out by the Welsh Ministers;

(b)the variation of an application.]

Textual Amendments

F2S. 62R inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 25, 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

[F362SExercise of functions by appointed personE+W

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers.]

Textual Amendments

F3S. 62S inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 26(1), 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

F463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F564. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W