Planning and Compulsory Purchase Act 2004

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

Commentary on Sections

Part 4: Development Control

Section 42: Applications for planning permission and certain consents

64. Section 42 amends the powers to make secondary legislation prescribing the form of applications for planning permission and certain consents. It enables a development order to make provision for the procedure for applications for planning permission. This replaces the power in the Town and Country Planning Act 1990 for the Secretary of State to prescribe the procedure by regulations. It also provides new powers to prescribe the form of applications for consent under tree preservation orders, for the display of advertisements and for listed building and conservation area consents.

65. This section also requires applications for planning permission for development to be accompanied by a “design statement”, or an “access statement”, or both. The contents of the statements, and the types of development to which they will apply, would be prescribed by regulations or in a development order.