C1C2C3C4C5C6C7C8C9 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)
F4Local development orders
Ss. 61A-61C and preceding cross-heading inserted (6.8.2004 for certain purposes, 10.5.2006 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 40(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/ 1061, {art. 2}
61ALocal development orders
1
F1A local planning authority may by order (a local development order) make provision to implement policies—
a
in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);
b
in a local development plan (within the meaning of Part 6 of that Act).
2
F2A local planning authority may by order (a local development order) grant planning permission—
a
for development specified in the order;
b
for development of any class so specified.
3
A local development order may relate to—
a
all land in the area of the relevant authority;
b
any part of that land;
c
a site specified in the order.
4
A local development order may make different provision for different descriptions of land.
5
But a development order may specify any area or class of development in respect of which a local development order must not be made.
6
A local planning authority may revoke a local development order at any time.
7
Schedule 4A makes provision in connection with local development orders.
61BIntervention by Secretary of State or National Assembly
C101
At any time before a local development order is adopted by a local planning authority F6in Wales, the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.
C102
If the appropriate authority gives a direction under subsection (1)—
a
the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;
b
the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.
C103
In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.
C104
It is immaterial whether any such matter was taken account of by the local planning authority.
C105
The appropriate authority—
a
may approve or reject an order or part of an order submitted to it under subsection (1);
b
must give reasons for its decision under paragraph (a).
C106
If the appropriate authority thinks that a local development order F7being prepared by a local planning authority in Wales is unsatisfactory—
a
it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;
b
if it gives such a direction it must state its reasons for doing so.
C107
The local planning authority—
a
must comply with the direction;
b
must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.
F57A
Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.
8
The appropriate authority—
a
may at any time by order revoke a local development order if it thinks it is expedient to do so;
b
must, if it revokes a local development order, state its reasons for doing so.
9
Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.
10
The appropriate authority is—
a
the Secretary of State in relation to England;
b
the National Assembly for Wales in relation to Wales.
61CPermission granted by local development order
1
Planning permission granted by a local development order may be granted—
a
unconditionally, or
b
subject to such conditions or limitations as are specified in the order.
2
If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—
a
development in a particular area, or
b
any particular development.
61DF3Effect of revision or revocation of development order on incomplete development
1
A development order or local development order may include provision permitting the completion of development if —
a
planning permission is granted by the order in respect of the development, and
b
the planning permission is withdrawn at a time after the development is started but before it is completed.
2
Planning permission granted by a development order is withdrawn—
a
if the order is revoked;
b
if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
c
by the issue of a direction under powers conferred by the order.
3
Planning permission granted by a local development order is withdrawn—
a
if the order is revoked under section 61A(6) or 61B(8);
b
if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
c
by the issue of a direction under powers conferred by the order.
4
The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.
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)