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Post Office Act 1969

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This is the original version (as it was originally enacted).

27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

(4)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and—

(a)the relevant period expires with the day immediately preceding the appointed day or with an earlier day; and

(b)that authority does not, before the expiration of that period, notify the Postmaster General in writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects to the proposal;

planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time.

(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7)Parts VI and XI of the Town and Country Planning Act 1962 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted. In the application of this sub-paragraph to Scotland, for the reference to Parts VI and XI of the Town and Country Planning Act 1962 there shall be substituted a reference to the following provisions—

(a)sections 1 and 2, Part II, sections 50, 65 and 66 of the Town and Country Planning (Scotland) Act 1954; and

(b)section 31 of the Town and Country Planning (Scotland) Act 1959.

(8)Section 7 of the Control of Office and Industrial Development Act 1965 shall not have effect in relation to planning permission deemed, by virtue of this paragraph, to be granted.

(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 19(4) of the Town and Country Planning Act 1962 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely.—

(a)the date on which the permission is deemed to be granted;

(b)a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c)in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d)in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the Minister of Housing and Local Government or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference. In the application of this sub-paragraph to Scotland, for the references to section 19(4) of the Town and Country Planning Act 1962 and to the Minister of Housing and Local Government there shall be substituted respectively references to section 12(5) of the Town and Country Planning (Scotland) Act 1947 and to the Secretary of State.

(10)For the purposes of section 99(3) of the Land Commission Act 1967, planning permission which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted subject to approval on any matter, shall be deemed to be granted on an outline application.

(11)Section 69 of the Town and Country Planning Act 1968 and section 70 of the Town and Country Planning (Scotland) Act 1969 shall have effect in relation to the Post Office as if, at the end of paragraph (d) of subsection (3) thereof, there were added the following— or

(e)deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.

(12)In this paragraph.—

(a)" development", " development order ", " local planning authority " and " planning permission " have, in the application of this paragraph to England and Wales, the same meanings as they have for the purposes of the Town and Country Planning Act 1962 and, in the application of this paragraph to Scotland, the same meanings as in the Town and Country Planning (Scotland) Act 1947;

(b)" the relevant condition as to time "—

(i)except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii)in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

(c)" relevant period ", in relation to a notification to a local planning authority of a proposal to carry out development, means the period of two months from the day on which the notification is received by the authority or such longer period as may, before the expiration of the first-mentioned period, be agreed in writing between the authority and the Postmaster General.

(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14)Sections 65 and 66 of the Town and Country Planning Act 1968 and sections 66 and 67 of the Town and Country Planning (Scotland) Act 1969 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)Subsections (3) and (5) of section 67 of the Town and Country Planning Act 1968 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of section 65 or 66 of that Act, of a reference to planning permission deemed, by virtue of this paragraph, to be granted. In the application of this sub-paragraph to Scotland, for the references to subsections (3) and (5) of section 67 of the Town and Country Planning Act 1968 and to sections 65 and 66 of that Act there shall be substituted respectively references to subsections (3) and (5) of section 68 of the Town and Country Planning (Scotland) Act 1969 and to sections 66 and 67 of that Act.

(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words " and the expiration of the relevant period " and sub-paragraphs (4) and (12)(c) shall be omitted.

(17)This paragraph does not extend to Northern Ireland.

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