C11C12C13C14C15C16C17C18C19 Part III Control over development
Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)
Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))
Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)
Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
Determination of applications
C170 Determination of applications: general considerations.
1
Where an application is made to a local planning authority for planning permission—
F1a
subject to sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or
F1b
they may refuse planning permission.
2
In dealing with such an application the authority shall have regard F25to—
a
the provisions of the development plan, so far as material to the application,
b
any local finance considerations, so far as material to the application, and
c
any other material considerations.
F232A
Subsection (2)(b) does not apply in relation to Wales.
3
F244
In this section—
“local finance consideration” means—
- a
a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or
- b
sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;
- a
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“relevant authority” means—
- a
a district council;
- b
a county council in England;
- c
the Mayor of London;
- d
the council of a London borough;
- e
a Mayoral development corporation;
- f
an urban development corporation;
- g
a housing action trust;
- h
the Council of the Isles of Scilly;
- i
the Broads Authority;
- j
a National Park authority in England;
- k
the Homes and Communities Agency; or
- l
a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.
- a
C2C370AF3Power to decline to determine subsequent application.
1
A local planning authority may decline to determine a relevant application if—
a
any of the conditions in subsections (2) to (4) is satisfied, and
b
the authority think there has been no significant change in the relevant considerations since the relevant event.
2
The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application F31made to the Secretary of State under section 62A or referred to him under section 76A or 77.
3
The condition is that in that period the Secretary of State has dismissed an appeal—
a
against the refusal of a similar application, or
b
under section 78(2) in respect of a similar application.
4
The condition is that—
a
in that period the local planning authority have refused more than one similar application, and
b
there has been no appeal to the Secretary of State against any such refusal F4or, if there has been such an appeal, it has been withdrawn.
F54A
A local planning authority in England may also decline to determine a relevant application if—
a
the condition in subsection (4B) is satisfied, and
b
the authority think there has been no significant change in the relevant considerations since the relevant event.
4B
The condition is that—
a
in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application,
b
the similar application was an application deemed to have been made by section 177(5), and
c
the land to which the application mentioned in subsection (4A) and the similar application relate is in England.
5
A relevant application is—
a
an application for planning permission for the development of any land;
b
an application for approval in pursuance of section 60(2) F30, (2A) or (2B).
6
The relevant considerations are—
a
the development plan so far as material to the application;
b
any other material considerations.
7
The relevant event is—
a
for the purposes of subsections (2) F6, (4) and (4B) the refusal of the similar application;
b
for the purposes of subsection (3) the dismissal of the appeal.
8
An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
70BF21Power to decline to determine overlapping application
1
A local planning authority may decline to determine an application for planning permission for the development of any land which is
F7a
made on the same day as a similar application, or
b
made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
2
The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
3
The condition is that a similar application is under consideration by the Secretary of State in pursuance of section F3262A, 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
4
The condition is that a similar application—
a
has been granted by the local planning authority,
b
has been refused by them, or
c
has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
F84A
A local planning authority in England may also decline to determine an application for planning permission for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.
4B
The condition is that—
a
a similar application is under consideration by the Secretary of State,
b
the similar application is an application deemed to have been made by section 177(5), and
c
the Secretary of State has not issued his decision.
5
An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
6
The determination period is—
a
the period prescribed by the development order for the determination of the application, or
b
such longer period as the applicant and the authority have agreed for the determination of the application.
F97
If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.
70CF26Power to decline to determine retrospective application
1
A local planning authority in England may decline to determine an application for planning permission for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.
2
For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.
71 Consultations in connection with determinations under s. 70.
F101
A development order may provide that a local planning authority shall not determine an application for planning permission before the end of such period as may be prescribed.
2
A development order may require a local planning authority—
a
to take into account in determining such an application such representations, made within such period, as may be prescribed; and
b
to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
F272ZA
In subsections (1) and (2) references to an application for planning permission include references to an application for approval under section 61L(2).
2A
A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
3
Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
F283A
Subsection (3) does not apply in relation to planning permission granted by a neighbourhood development order.
4
In this section—
F11 “ prescribed ” means prescribed by a development order
“site licence” means a licence under Part 1 of the M3Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site F33or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act).
71AF12Assessment of environmental effects.
1
The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.
2
The regulations—
a
b
may make different provision for different classes of development.
3
Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, section 333(3) shall not apply.
C472 Conditional grant of planning permission.
1
Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—
C5a
for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
b
for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
2
A planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
3
Where—
a
planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition; and
b
any building or other operations are commenced after the time so specified,
the commencement and carrying out of those operations do not constitute development for which that permission was granted.
4
Subsection (3)(a) does not apply to a condition attached to the planning permission by or under section 91 or 92.
5
Part I of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals F13or involving the depositing of refuse or waste materials, and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.
C6C7C2073 Determination of applications to develop land without compliance with conditions previously attached.
1
This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
2
On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
a
if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and
b
if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
3
F14Special provision may be made with respect to such applications—
a
by regulations under section 62 as regards the form and content of the application, and
b
by a development order as regards the procedure to be followed in connection with the application.
4
This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.
F155
Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
a
a development must be started;
b
an application for approval of reserved matters (within the meaning of section 92) must be made.
C8C2173AF16Planning permission for development already carried out.
1
On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
2
Subsection (1) applies to development carried out—
a
without planning permission;
b
in accordance with planning permission granted for a limited period; or
c
without complying with some condition subject to which planning permission was granted.
3
Planning permission for such development may be granted so as to have effect from—
a
the date on which the development was carried out; or
b
if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
74 Directions etc. as to method of dealing with applications.
1
Provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by local planning authorities, and in particular—
a
for enabling the Secretary of State to give directions restricting the grant of planning permission by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;
b
for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission for development which does not accord with the provisions of the development plan;
c
for requiring that, before planning permission for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;
d
for requiring the local planning authority to give to any applicant for planning permission, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
e
for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;
f
for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.
F291ZA
In subsection (1)—
a
in paragraph (c) the reference to planning permission for any development includes a reference to an approval under section 61L(2), and
b
in paragraph (f) references to applications for planning permission include references to applications for approvals under section 61L(2).
F171A
Provision may be made by a development order—
a
for determining the persons to whom applications under this Act are to be sent; and
b
for requiring persons to whom such applications are sent to send copies to other interested persons.
F181B
Provision may be made by a development order—
C9a
for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case;
b
for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and
c
for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction;
and in the preceding provisions of this subsection “ prescribed ” means prescribed by, or by directions made under, a development order.
1C
In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—
a
the development plan, and
b
the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
so far as material to the application.
2
C1075 Effect of planning permission.
1
Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
2
Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
3
If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
76 Duty to draw attention to certain provisions for benefit of disabled.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 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)