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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)

Applications for planning permissionE+W

[F162 Applications for planning permission.E+W

(1)A development order may make provision as to applications for planning permission made to a local planning authority.

(2)Provision referred to in subsection (1) includes provision as to—

(a)the form and manner in which the application must be made;

(b)particulars of such matters as are to be included in the application;

(c)documents or other materials as are to accompany the application.

[F2(2A)In subsections (1) and (2) references to applications for planning permission include references to applications for approval under section 61L(2).]

(3)The local planning authority may require that an application for planning permission must include—

(a)such particulars as they think necessary;

(b)such evidence in support of anything in or relating to the application as they think necessary.

(4)But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).

(5)A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—

(a)a statement about the design principles and concepts that have been applied to the development;

(b)a statement about how issues relating to access to the development have been dealt with.

(6)The form and content of a statement mentioned in subsection (5) is such as is required by the development order.]

[F3(7)In subsection (8) “a relevant application” means the application for planning permission in a case where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

(b)is going ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

(8)A development order must require that a relevant application be accompanied by particulars of—

(a)how the person complied with section 61W(1),

(b)any responses to the consultation that were received by the person, and

(c)the account taken of those responses.]

Textual Amendments

F1S. 62 substituted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)

F2S. 62(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 5; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F3S. 62(7)(8) inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(2), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)

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