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Housing and Planning Act 2016
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Changes to legislation:
Housing and Planning Act 2016, Section 5 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5:
- s. 5(8) words inserted by 2023 asc 3 Sch. 13 para. 194
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 95(1)(ia) inserted by 2023 c. 36 Sch. 1 para. 2
- s. 100(7)(aa) inserted by 2023 c. 36 Sch. 1 para. 3
- s. 172(1)(a) words renumbered as s. 172(1)(a) by 2017 c. 20 s. 26(8)(a)(i)
- s. 172(1)(b) inserted by 2017 c. 20 s. 26(8)(a)(ii)
Prospective
5Planning permission: provision of starter homesE+W
This section has no associated Explanatory Notes
(1)The Secretary of State may by regulations provide that an English planning authority may only grant planning permission for a residential development of a specified description if the starter homes requirement is met.
(2)Where the Secretary of State makes regulations under this section, the regulations must give an English planning authority power to dispense with the condition requiring the starter homes requirement to be met where—
(a)an application is made for planning permission in respect of a rural exception site, and
(b)the application falls to be determined wholly or partly on the basis of a policy contained in a development plan for the provision of housing on rural exception sites.
(3)“English planning authority” means—
(a)a local planning authority in England, or
(b)the Secretary of State when exercising a function relating to the grant of planning permission on an application in respect of land in England.
(4)“The starter homes requirement” means a requirement, specified in the regulations, relating to the provision of starter homes in England.
(5)Regulations under this section may, for example, provide that an English planning authority may grant planning permission only if a person has entered into a planning obligation to provide a certain number of starter homes or to pay a sum to be used by the authority for providing starter homes.
(6)The regulations may confer discretions on an English planning authority.
(7)The regulations may make different provision for different areas.
(8)In section 70 of the Town and Country Planning Act 1990 (determination of applications: general considerations), for subsection (3) substitute—
“(3)Subsection (1) has effect subject to the following—
(a)section 65 and the following provisions of this Act;
(b)section 15 of the Health Services Act 1976;
(c)sections 66, 67, 72 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d)regulations under section 5 of the Housing and Planning Act 2016 (starter homes requirements).”
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