Draft Regulations laid before Parliament under section 59(3A) of the Commons Act 2006 and section 214(2) of the Housing and Planning Act 2016, for approval by resolution of each House of Parliament.
2017 No.
The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017
Made
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 15C(5) of the Commons Act 20061 and section 213 of the Housing and Planning Act 20162, makes the following Regulations.
A draft of this instrument was laid before Parliament under section 59(3A) of the Commons Act 2006 and section 214(2) of the Housing and Planning Act 2016 and approved by resolution of both Houses of Parliament.
Citation and commencement1
These Regulations may be cited as the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 and come into force on the twenty-first day after the day on which they are made.
Consequential amendment to the Local Government Act 19722
1
Schedule 12A to the Local Government Act 19723 is amended as follows.
2
In paragraph 9 (access to information: qualifications to exempt information), after “planning permission” insert “or permission in principle4”.
Consequential amendment to the Town and Country Planning Act 19903
1
The Town and Country Planning Act 19905 is amended as follows.
2
In section 69 (register of applications etc)—
a
in paragraph (2) for “and (aa)” substitute “, (aa) and (aza)”; and
b
in paragraph (4) after “(aa)” insert “, (aza)”.
3
In section 75 (effect of planning permission)—
a
in the heading, after “planning permission” insert “or permission in principle”; and
b
in subsection (1), after “planning permission”, in both places, insert “or permission in principle”.
4
In section 96A (non-material changes to planning permission)—
a
in the heading, after “planning permission” insert “or permission in principle”;
b
in subsection (1) after “planning permission” insert “, or any permission in principle (granted following an application to the authority),”;
c
in subsections (2), (4), (6) and (7) after “planning permission”, in each place, insert “or permission in principle”; and
d
in subsection (3), after “includes power” insert “to make a change to a planning permission”.
5
In section 100 (revocation and modification of planning permission by the Secretary of State), in the heading, after “planning permission” insert “or permission in principle”.
Consequential amendment to the Planning (Hazardous Substances) Act 19904
1
The Planning (Hazardous Substances) Act 19906 is amended as follows.
2
In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations), after “planning permission” insert “, permission in principle7”.
Amendment to the Commons Act 20065
1
Schedule 1A (exclusion of right under section 15) to the Commons Act 20068 is amended as follows.
2
After paragraph 4 in the Table set out in Schedule 1A insert—
4A. A local planning authority first publicise their intention to enter land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section.
The period of 10 weeks, beginning with the date of first publication of their intention, expires without the land being entered on Part 2 of the register.
4B. A local planning authority first publicise the entry of land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section.
A permission in principle granted under section 59A(1)(a) of the Town and Country Planning Act 1990, in relation to the land allocated for development in the register, expires by virtue of section 59A(7).
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Regulations)