C1C3C4C5C6C7C8C10C12C13C15 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

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)

C5

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Determination of applications

C270 Determination of applications: general considerations.

C11C91

Where an application is made to a local planning authority for planning permission—

F1a

subject to F3section 62D(5) F16, paragraph 13 of Schedule 7A and sections F1590B, 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.

F121A

Where an application is made to a local planning authority for permission in principle—

a

they may grant permission in principle; or

b

they may refuse permission in principle.

C14C92

In dealing with F7an application for planning permission or permission in principle the authority shall have regard F13to—

a

the provisions of the development plan, so far as material to the application,

F5aza

a post-examination draft neighbourhood development plan, so far as material to the application,

F11aa

any considerations relating to the use of the Welsh language, 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.

F102ZZA

The authority must determine an application for technical details consent in accordance with the relevant permission in principle.

This is subject to subsection (2ZZC).

2ZZB

An application for technical details consent is an application for planning permission that—

a

relates to land in respect of which permission in principle is in force,

b

proposes development all of which falls within the terms of the permission in principle, and

c

particularises all matters necessary to enable planning permission to be granted without any reservations of the kind referred to in section 92.

2ZZC

Subsection (2ZZA) does not apply where—

a

the permission in principle has been in force for longer than a prescribed period, and

b

there has been a material change of circumstances since the permission came into force.

“Prescribed” means prescribed for the purposes of this subsection in a development order.

F62ZA

Subsection (2)(aa) applies only in relation to Wales.

F92A

F4Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not apply in relation to Wales.

3

Subsection (1) has effect subject to F2section 65 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M1Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M2Health Services Act 1976.

F143B

For the purposes of subsection (2)(aza) (but subject to subsections (3D) and (3E)) a draft neighbourhood development plan is a “post-examination draft neighbourhood development plan” if—

a

a local planning authority have made a decision under paragraph 12(4) of Schedule 4B with the effect that a referendum or referendums are to be held on the draft plan under that Schedule,

b

the Secretary of State has directed under paragraph 13B(2)(a) of that Schedule that a referendum or referendums are to be held on the draft plan under that Schedule,

c

an examiner has recommended under paragraph 13(2)(a) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 (examination of modified plan) that a local planning authority should make the draft plan, or

d

an examiner has recommended under paragraph 13(2)(b) of that Schedule that a local planning authority should make the draft plan with modifications.

3C

In the application of subsection (2)(aza) in relation to a post-examination draft neighbourhood development plan within subsection (3B)(d), the local planning authority must take the plan into account as it would be if modified in accordance with the recommendations.

3D

A draft neighbourhood development plan within subsection (3B)(a) or (b) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—

a

section 38A(4)(a) (duty to make plan) or (6) (cases in which duty does not apply) of the Planning and Compulsory Purchase Act 2004 applies in relation to the plan,

b

section 38A(5) (power to make plan) of that Act applies in relation to the plan and the plan is made by the local planning authority,

c

section 38A(5) of that Act applies in relation to the plan and the local planning authority decide not to make the plan,

d

a single referendum is held on the plan and half or fewer of those voting in the referendum vote in favour of the plan, or

e

two referendums are held on the plan and half or fewer of those voting in each of the referendums vote in favour of the plan.

3E

A draft neighbourhood development plan within subsection (3B)(c) or (d) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—

a

the local planning authority make the draft plan (with or without modifications), or

b

the local planning authority decide not to make the draft plan.

3F

The references in subsection (3B) to Schedule 4B are to that Schedule as applied to neighbourhood development plans by section 38A(3) of the Planning and Compulsory Purchase Act 2004.

F84

In this section—

  • “local finance consideration” means—

    1. 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

    2. b

      sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “relevant authority” means—

    1. a

      a district council;

    2. b

      a county council in England;

    3. c

      the Mayor of London;

    4. d

      the council of a London borough;

    5. e

      a Mayoral development corporation;

    6. f

      an urban development corporation;

    7. g

      a housing action trust;

    8. h

      the Council of the Isles of Scilly;

    9. i

      the Broads Authority;

    10. j

      a National Park authority in England;

    11. k

      the Homes and Communities Agency; or

    12. l

      a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.