C1C2C3C4C5C6C7C10C11C13C15 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)
Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)
Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 35(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)
Applications for planning permission F11or permission in principle
Words in s. 62 cross-heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 7; S.I. 2016/733, reg. 3(d)
F162 Applications for planning permission F2or permission in principle.
C9C141
A development order may make provision as to applications for planning permission F10or permission in principle 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.
F82A
In subsections (1) and (2) references to applications for planning permission include references to F12—
a
applications for consent, agreement or approval as mentioned in section 61DB(2), F13and
b
applications for approval under section 61L(2) F14, and
c
applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
C12C83
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).
F64A
Also, a requirement under subsection (3) in respect of an application F5...—
a
must be reasonable having regard, in particular, to the nature and scale of the proposed development; and
b
may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.
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.
F47
In subsection (8) “a relevant application” means the application for planning permission F3or permission in principle 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 F7or permission in principle, and
b
is going ahead with making an application for planning permission F7or permission in principle (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.
F99
In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—
a
has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and
b
is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).
10
A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—
a
how the applicant complied with section 61Z;
b
any responses to the consultation received from persons consulted under section 61Z(3) or (4);
c
the account taken of those responses.
11
A development order may make provision about the form and content of the pre-application consultation report.
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)