Search Legislation

Town and Country Planning Act 1990

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: England: option to make application directly to Secretary of State

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Town and Country Planning Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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):

[F1England: option to make application directly to Secretary of State]E+W

Textual Amendments

F1S. 62A cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 4; S.I. 2016/52, art. 3(e)

[F262AWhen application may be made directly to Secretary of StateE+W

(1)A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—

[F3(a)the local planning authority concerned is designated by the Secretary of State for applications of a description specified in the designation; and

(b)the application falls within that description.]

[F4(1A)Only prescribed descriptions of application may be specified in a designation under subsection (1).]

[F5(2)In this section “relevant application” means—

(a)an application for planning permission, or permission in principle, for the development of land in England, or

(b)an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,

but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.]

(3)Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts—

(a)that is—

(i)an application for listed building consent F6... under the Planning (Listed Buildings and Conservation Areas) Act 1990, or

(ii)an application of a description prescribed by the Secretary of State,

(b)that is considered by the person making the application to be connected with the relevant application,

(c)that would otherwise have to be made to the local planning authority or hazardous substances authority,

(d)that is neither a relevant application nor an application of the kind described in section 73(1), and

(e)that relates to land in England,

may (if the person so chooses) be made instead to the Secretary of State.

(4)If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—

(a)refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and

(b)direct that the connected application—

(i)is to be treated as having been made to that authority (and not to the Secretary of State under this section), and

(ii)is to be determined by that authority accordingly.

(5)The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.

(6)The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—

(a)may relate to a particular application or to applications more generally; and

(b)may be given to a particular authority or to authorities more generally.

Textual Amendments

F2Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F3S. 62A(1)(a)(b) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(1), 216(2)(c)

F4S. 62A(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(2), 216(2)(c)

F5S. 62A(2) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(3), 216(2)(c)

F6Words in s. 62A(3)(a)(i) omitted (12.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 153(4), 216(2)(c)

62BDesignation for the purposes of section 62AE+W

(1)An authority may be designated for the purposes of section 62A only if—

(a)the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,

(b)by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and

(c)the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.

[F7(1A)A document to which subsection (2) applies may set out different criteria for each description of application prescribed under section 62A(1A).]

(2)This subsection applies to a document if—

(a)the document has been laid before Parliament by the Secretary of State,

(b)the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and

(c)the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.

(3)In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(4)In calculating the 40-day period for a document, no account is to be taken of any period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses of Parliament are adjourned for more than four days.

(5)None of the following may be designated for the purposes of section 62A—

(a)the Homes and Communities Agency;

(b)the Mayor of London;

(c)a Mayoral development corporation;

(d)an urban development corporation.

(6)The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—

(a)any designation of an authority for the purposes of section 62A, and

(b)any revocation of such a designation.

Textual Amendments

F2Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

62CNotifying parish councils of applications under section 62A(1)E+W

(1)If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

(a)the application, and

(b)any alteration to the application accepted by the Secretary of State.

(2)Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule.

(3)An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.]

Textual Amendments

F2Ss. 62A-62C inserted (9.5.2013 for E. for specified purposes, 1.10.2013 except in relation to s. 62A(3)(4), 25.4.2013, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 1(1), 35(2); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources