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Part IE+W Planning Authorities

Modifications etc. (not altering text)

C1Pt. I (ss. 1–9) applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 81, Sch. 4

PT. I (ss. 1-9) applied (23.11.1995) by 1961 c. 33, s. 39(1) (as amended (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 4 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1))

1 Local planning authorities: general.E+W

(1)In a non-metropolitan county—

(a)the council of a county is the county planning authority for the county, and

(b)the council of a district is the district planning authority for the district,

and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.

[F1(1A)Subsection (1) does not apply in relation to Wales.

F1(1B)In Wales—

(a)the local planning authority for a county is the county council; and

(b)the local planning authority for a county borough is the county borough council.]

(2)The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. [F2 But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).]

(3)In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) F3. . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.

(4)In this Act “mineral planning authority” means—

(a)in respect of a site in a non-metropolitan county, the county planning authority; and

(b)in respect of a site in a metropolitan district or London borough, the local planning authority.

[F4(4A)Subsection (4) does not apply in relation to Wales.

F4(4B)As to any site in Wales, the local planning authority is also the mineral planning authority.]

(5)This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—

(a)[F5this section has] effect subject to [F6sections 4Ato][F78A] of this Act F8. . .; [F9and]

(b)subsections [F10(1) to (2)] have effect subject to sections 2 and 9; and

(c)subsection (3) has effect subject to F11. . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them).

[F12(6)The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to F13. . . Schedule 1A.]

Textual Amendments

F1S. 1(1A)(1B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F4S. 1(4A)(4B) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F5Words in s. 1(5)(a) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F6Words in s. 1(5)(a) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F7Word in s. 1(5)(a) substituted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 28; S.I. 1993/2762, art. 3

F8Words in s. 1(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F9Word in s. 1(5)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(1)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F10Words in s. 1(5)(b) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(6)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F11Words in s. 1(5)(c) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F12S. 1(6) added (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 18(5) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)-(3), Sch. 2

F13Words in s. 1(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

2 Joint planning boards.E+W

(1)If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board F14. . . as the county planning authority or, as the case may be, the district planning authority for that united district.

[F15(1A)Subsection (1) does not apply in relation to Wales.

F15(1B)If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board as the local planning authority for that united district.

F15(1C)A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.]

[F16(1D)The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.]

(2)The Secretary of State shall not make [F17an order under subsection (1) or (1B)] except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(3)Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—

(a)in relation to the board, shall be construed as references to that district; and

(b)in relation to any local planning authority being the council of a county [F18or county borough] or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county [F18or county borough] or district as is not so included.

(4)A joint planning board constituted by an order under subsection (1) [F19or (1B)] shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

(5)A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

(6)An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

(a)may, without prejudice to the provisions of section 241 of the M1Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

(b)may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

(c)may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

(d)may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

[F20[F21(6A)Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

(6B)The provisions referred to in subsection (6A) above are—

F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.]]

(7)This section shall have effect subject to sections 5 to 9 of this Act F23. . ..

Textual Amendments

F15S. 2(1A)-(1C) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(1), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F17Words in s. 2(2) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(b), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F18Words in s. 2(3) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(c), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F19Words in s. 2(4)(d) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(d), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F20S. 2(6A) inserted (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 42 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F21S. 2(6A)(6B) substituted for s. 2(6A) (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 73, Sch. 2 para. 13; S.I. 2005/558, art. 2 (with art. 3)

F23Words in s. 2(7) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

[F242AThe Mayor of London: applications of potential strategic importanceE+W

(1)Where an application to which this section applies is made to a local planning authority—

(a)for planning permission [F25or permission in principle] (see section 70), or

(b)for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),

the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.

[F26(1A)Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.]

[F27(1B)Where this section applies to an application for planning permission [F28or permission in principle] made to the Secretary of State under section 62A, the Mayor of London may direct—

(a)that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and

(b)that the Mayor of London is to be the local planning authority for the purposes of determining the application.]

(2)The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) [F29or (1B)] may be prescribed by, or by directions given under, an order under this section.

(3)This section applies to an application if—

(a)the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and

(b)the application is an application of potential strategic importance.

(4)For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.

(5)So far as the context requires, in relation to—

(a)the determination of an application by virtue of this section, or

(b)the determination of a connected application by virtue of section 2B,

any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London.

This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).

(6)An order under this section—

(a)may make different provision for different cases or different [F30areas;

(aa)may prescribe matters by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;]

(b)may make provision for exceptions or exclusions.

(7)Sections 2B to 2D and 2F contain provisions supplementing this section.

Textual Amendments

F26S. 2A(1A) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 31

F27S. 2A(1B) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(1); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F29Words in s. 2A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(2)(a); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F30S. 2A(6)(aa) and word substituted for words (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(1), 216(1)(d)

Modifications etc. (not altering text)

2BSection 2A: supplementary provisionsE+W

(1)In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.

(2)A direction under section 2A must include the Mayor of London's reasons for giving it.

(3)If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.

(4)Subsection (5) applies where the Mayor of London—

(a)gives a direction under section 2A in the case of any application, and

(b)considers that an application falling within subsection (6) (the “connected application”) is connected with that application.

(5)Where this subsection applies, the Mayor of London is to be—

(a)the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or

(b)the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).

(6)The applications are—

(a)an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

(b)an application for conservation area consent under that Act,

(c)an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

(7)In subsection (6)—

(a)the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and

(b)the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

F31(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2CMatters reserved for subsequent approvalE+W

(1)If the Mayor of London has—

(a)given a direction under section 2A in relation to an application (“the original application”), and

(b)granted outline planning permission,

he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made [F32or to whom the original application would have been made had it not been made to the Secretary of State under section 62A].

(2)Outline planning permission” has the meaning given by section 92(1).

(3)If the Mayor of London has—

(a)granted an application for listed building consent which is a connected application for the purposes of section 2B, and

(b)imposed conditions requiring specified details to be approved subsequently,

he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.

Textual Amendments

F32Words in s. 2C(1) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 2(2)(b); S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

Modifications etc. (not altering text)

2DFurther provision about orders under section 2AE+W

(1)An order under section 2A may make provision—

(a)in relation to applications to which section 2A applies,

(b)in relation to applications which are connected applications by virtue of section 2B,

(c)in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),

(d)otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.

(2)The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.

(3)Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).]

[F332ESection 2A and planning obligations under section 106E+W

(1)This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.

(2)Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.

(3)In this section “planning obligation” means a planning obligation under section 106.

(4)The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.

(5)Any planning obligation entered into in relation to the application—

(a)is enforceable by the Mayor of London, and

(b)is also enforceable by the local planning authority.]

[F342FRepresentation hearingsE+W

(1)This section applies to—

(a)an application in relation to which a direction has been given under section 2A, and

(b)an application which is a connected application for the purposes of section 2B.

(2)Before determining an application to which this section applies, the Mayor of London must give—

(a)the applicant, and

(b)the local planning authority to whom the application was made,

an opportunity to make oral representations at a hearing (“a representation hearing”).

(3)The Mayor of London must prepare and publish a document setting out—

(a)the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,

(b)the procedures to be followed at a representation hearing,

(c)arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.

(4)Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.

(5)The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—

(a)a representation hearing as it applies to a meeting of a principal council, and

(b)the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.

(6)The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.]

3 Joint planning committee for Greater London.E+W

(1)The joint planning committee for Greater London established under section 5 of the M2Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).

(2)The joint planning committee shall—

(a)consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;

(b)inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;

(c)inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;

and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).

(3)The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.

(4)References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.

Marginal Citations

F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F35S. 4 repealed (1.4.1997) by 1995 c. 21, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[F364A National Parks with National Park authorities.E+W

(1)Where a National Park authority has been established for any area, this section, F37. . ., shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority.

(2)Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly—

(a)functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the M3Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and

(b)so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description.

(3)For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred—

(a)in relation to some areas on the county or district planning authorities for those areas, and

(b)in relation to other areas on the councils for those areas,

shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area.

(4)The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council.

(5)For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.]

Textual Amendments

F36S. 4A inserted (19.9.1995) by 1995 c. 25, ss. 67(1), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

F37Words in s. 4A repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

5 The Broads.E+W

(1)For the purposes of Chapter I of Part VIII and sections 249, 250, [F38and 300] and any other provision of this Act so far as it has effect for the purposes of those provisions, “local planning authority”, in relation to land in the Broads, includes the Broads Authority.

(2)For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.

(3)The provisions referred to in subsection (2) are [F39Part II, sections] [F4061E to 61Q,] 62, [F4165, 69 to 72], 76 to [F4279], 91 to 95, [F4396A] to 99, 102, 103, 106 to [F44106BC], 171C, 172, 173, [F45173A] 178, 183, 184, [F46187A, 187B] 188, 191 to 197, 211 to [F47214, 215], 219 to 221, 224, 294, 295, 297, 299, [F48299A] 301, [F49316 and 324(1) and (7)] [F50and Schedules 4B and 4C].

Textual Amendments

F38Word in s. 5(1) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(1); S.I. 1991/2905, art. 3, Sch. 1 (subject to savings in art. 5)

F40Words in s. 5(3) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 3(a); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F42Word in s. 5(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(c); S.I. 1991/2067, art. 3 (subject to savings in art. 4)

F43Words in s. 5(3) substituted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(3), 241 (with s. 226); S.I. 2009/2260, art. 3

F44Word in s. 5(3) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 2

F46Words in s. 5(3) inserted (2.1.1992 so far as relating to the reference to s. 187B otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(f); S.I. 1991/2905, art. 3, Sch. 1 (with savings in art. 5) S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F49Words in 5(3) substituted (2.1.1992 for certain purposes otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 9(2)(i); S.I. 1991/2905, art. 3, Sch. 1 (with savings in art. 5); S.I. 1992/1491, art. 2

F50Words in s. 5(3) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 3(b); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

6 Enterprise zones.E+W

(1)An order under paragraph 5 of Schedule 32 to the M4Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2)Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3)Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.

(4)The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5)Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

Marginal Citations

7 Urban development areas.E+W

(1)Where an order is made under subsection (1) of section 149 of the M5Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

Modifications etc. (not altering text)

Marginal Citations

[F517AMayoral development areasE+W

(1)Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.

(2)The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.

(3)Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.

(4)The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

(5)If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.]

Textual Amendments

8 Housing action areas.E+W

(1)Where an order is made under subsection (1) of section 67 of the M6Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

Marginal Citations

[F528A The [F53Homes and Communities] Agency.E+W

(1)Where a designation order under [F54section 13 of the Housing and Regeneration Act 2008] power to make designation orders) makes such provision as is mentioned in [F55section 14(2)] of that Act (Agency as local planning authority), the [F56Homes and Communities] Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

9 Power to make consequential and supplementary provision about authorities.E+W

[F58(1)]Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.

[F59(2)The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—

(a)any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;

(b)any other enactment relating to functions exercisable by or in relation to local planning authorities;

(c)any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.]

Textual Amendments

F58S. 9(1): s. 9 renumbered as s. 9(1) (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 42(2), 58(2)(b)(4)(b); S.I. 2015/1987, art. 4(d)

F59S. 9(2) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 42(3), 58(2)(b)(4)(b); S.I. 2015/1987, art. 4(d)

F60F60Part IIE+W

Textual Amendments

F60Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

Chapter IE+W Unitary Development Plans: Metropolitan Areas including London

Modifications etc. (not altering text)

C18Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)

PreliminaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation and adoption of unitary development plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secretary of State’s powers concerning plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of plansE+W

21 Alteration or replacement of unitary development plan.E+W

Textual Amendments

F92S. 21(1)-(1B) substituted for s. 21(1) (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(1)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art.4

F93Words in s. 21(2) omitted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 12(2)(with s. 84(1)); S.I. 1991/2728, art. 2 and repealed (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 27, 84, Sch. 4 Pt. I para. 12(2), Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4, Sch.3

Marginal Citations

F9422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95 Greater London: conformity with spatial development strategy]E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plansE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE+W

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 Meaning of “development plan” in Greater London and metropolitan counties.E+W

For the purposes of this Act and any other enactment relating to town and country planning, the M17Land Compensation Act 1961 and the M18Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a)the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b)any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Modifications etc. (not altering text)

C23S. 27 modified (1.5.1994) by S.I. 1994/1210, art. 7(1)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1863, art. 4(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1867, art. 13(3)(a)

S. 27 applied (with modifications) (1.4.1998) by S.I. 1996/1875, art. 5(5)(a)

C24S. 27: functions of local authority not to be sole responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C25S. 27 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(3) (with arts. 12, 13, Sch. 12)

Marginal Citations

[F11027A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11128A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IIE+W Structure and Local Plans: Non-Metropolitan Areas

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F168Chapter IIIE+W General]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W Control over development

Modifications etc. (not altering text)

C37Pt. III (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. III (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. III (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. III (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. III (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. III (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. III (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. III (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. III (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. III (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. III (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. III (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. III (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C40Pt. III modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Meaning of developmentE+W

55 Meaning of “development” and “new development”.E+W

(1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

F170[(1A) For the purposes of this Act “ building operations ” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.]

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,

and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

(b)the carrying out on land within the boundaries of a road by a F171. . . highway authority of any works required for the maintenance or improvement of the road [F172but, in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment];

(c)the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;

(d)the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e)the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.

F173[(g)the demolition of any description of building specified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.]

[F174(2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(2B)The development order may make different provision for different purposes.]

(3)For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—

(i)the superficial area of the deposit is extended, or

(ii)the height of the deposit is extended and exceeds the level of the land adjoining the site.

(4)For the purposes of this Act mining operations include—

(a)the removal of material of any description—

(i)from a mineral-working deposit;

(ii)from a deposit of pulverised fuel ash or other furnace ash or clinker; or

(iii)from a deposit of iron, steel or other metallic slags; and

(b)the extraction of minerals from a disused railway embankment.

F175[(4A)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

  • fish farming ” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

  • inland waters ” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

  • tank ” includes any cage and any other structure for use in fish farming. ]

(5)Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

F176(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1S. 55(2)(f); s. 55(2)(f) (with s. 333(7)) power exercised (5.7.1991) by S.I. 1991/1567

Textual Amendments

F171Word in s. 55(2)(b) repealed (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 1, Sch. 9{with s. 111}; S.I. 2006/1281, art. 2

F172Words in s. 55(2)(b) inserted (14.3.1999) by S.I. 1999/293, reg. 35(1)7

F173S. 55(2)(g) inserted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 13(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1279, art. 2 (with art. 3)

F174S. 55(2A)(2B) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 49(1), 121(1)-(3) (with ss. 49(4), 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(b); S.I. 2015/340, art. 2(a)

Modifications etc. (not altering text)

C47S. 55(2) excluded by S.I. 2012/801, art. 2A (as inserted (W.) (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 4 (with art. 12))

56 Time when development begun.E+W

(1)Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3)The provisions referred to in subsection (2) are sections [F17761L(5) and (7),] 85(2), 86(6), 87(4), [F17889] 91, 92 [F179, 94 and 108(3E)(c)(i)].

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building;

F180[(aa)any work of demolition of a building;]

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land which constitutes material development.

(5)In subsection (4)(e) “material development” means any development other than—

(a)development for which planning permission is granted by a general development order [F181or a local development order] for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

[F182(b)development of a class specified in paragraph 1 or 2 of Schedule 3;] and

(c)development of any class prescribed for the purposes of this subsection.

(6)In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.

Textual Amendments

F177Words in s. 56(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F179Words in s. 56(3) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 2(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F181Words in s. 56(5)(a) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

Modifications etc. (not altering text)

C49S. 56 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.

Requirement for planning permissionE+W

57 Planning permission required for development.E+W

(1)Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.

[F183(1A)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).]

(2)Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3)Where by a development order [F184, a local development order or a neighbourhood development order] planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4)Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.

(5)In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6)For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.

(7)Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).

Textual Amendments

F183S. 57(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 35 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F184Words in s. 57(3) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 3; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

Modifications etc. (not altering text)

C50S. 57(2) applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 10(2) (with arts. 48, 68, 79)

C51S. 57(2) applied (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 8 (with art. 32)

58 Granting of planning permission: general.E+W

(1)Planning permission may be granted—

(a)by a development order [F185, a local development order or a neighbourhood development order];

(b)by the local planning authority (or, in the cases provided in this Part, by the Secretary of State [F186or the Welsh Ministers]) on application to the authority [F187(or, in the cases provided in this Part, on application to the Secretary of State [F188or the Welsh Ministers])] in accordance with a development order;

(c)on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or

(d)on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the M33Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.

(2)Planning permission may also be deemed to be granted under section 90 (development with government authorisation).

(3)This section is without prejudice to any other provisions of this Act providing for the granting of permission.

Textual Amendments

F185Words in s. 58(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 4; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F186Words in s. 58(1)(b) 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. 2(a); S.I. 2016/52, art. 3(e)

F187Words in s. 58(1)(b) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 3; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F188Words in s. 58(1)(b) 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. 2(b); S.I. 2016/52, art. 3(e)

Modifications etc. (not altering text)

C55S. 58(1)(b) excluded (17.12.1996) by 1996 c. ix, s. 10(d)

Marginal Citations

[F189Permission in principleE+W

Textual Amendments

F189S. 58A and cross-heading inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(1), 216(2)(c)

58APermission in principle: generalE+W

(1)Permission in principle may be granted for housing-led development of land in England as provided in section 59A.

(2)Permission in principle may not be granted for development consisting of the winning and working of minerals.

(3)For the effect of permission in principle, see section 70(2ZZA) to (2ZZC) (application for technical details consent must be determined in accordance with permission in principle, except after a prescribed period).

(4)A reference to permission in principle in any provision of this Act in its application to land in Wales, or in its application to functions of the Welsh Ministers or other authorities in Wales, is to be ignored.]

Development ordersE+W

59 Development orders: general.E+W

(1)The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.

(2)A development order may either—

(a)itself grant planning permission for development specified in the order or for development of any class specified; or

(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State [F190or the Welsh Ministers]) on application to the authority [F191(or, in the cases provided in the following provisions, on application to the Secretary of State [F192or the Welsh Ministers])] in accordance with the provisions of the order.

(3)A development order may be made either—

(a)as a general order applicable, except so far as the order otherwise provides, to all land, or

(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.

[F193(4)In this Act, references to a development order are—

(a)in relation to England, references to a development order made by the Secretary of State;

(b)in relation to Wales, references to a development order made by the Welsh Ministers.]

Subordinate Legislation Made

P2S. 59: power previously exercised by S.I. 1990/2032

P3S. 59: s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F190Words in s. 59(2)(b) 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. 3(a); S.I. 2016/52, art. 3(e)

F191Words in s. 59(2)(b) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 4; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F192Words in s. 59(2)(b) 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. 3(b); S.I. 2016/52, art. 3(e)

[F19459ADevelopment orders: permission in principleE+W

(1)A development order may either—

(a)itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or

(b)provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description.

(2)In this section—

  • prescribed” means prescribed in a development order;

  • qualifying document” means a document, as it has effect from time to time, which—

    (a)

    falls within subsection (3),

    (b)

    indicates that the land in question is allocated for development for the purposes of this section, and

    (c)

    contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated.

(3)The following documents fall within this subsection—

(a)a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);

(b)a development plan document within the meaning of Part 2 of the 2004 Act (see section 37 of that Act);

(c)a neighbourhood development plan within the meaning given by section 38A of the 2004 Act.

(4)Permission in principle granted by a development order takes effect—

(a)when the qualifying document takes effect, if the land in question is allocated for development in the document at that time;

(b)otherwise, when the qualifying document is revised so that the land in question is allocated for development.

But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction.

(5)For the purposes of subsection (4)(a)—

(a)a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;

(b)a development plan document takes effect when it is adopted or approved under Part 2 of the 2004 Act;

(c)a neighbourhood development plan takes effect when it is made by the local planning authority.

(6)Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.

(7)Permission in principle granted by a development order ceases to have effect on the expiration of—

(a)five years beginning with the date on which it takes effect; or

(b)such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.

(8)Permission in principle granted by a local planning authority ceases to have effect on the expiration of—

(a)three years beginning with the date on which it takes effect; or

(b)such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.

(9)The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there.

(10)A development order—

(a)may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;

(b)may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order.

(11)In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations.

(12)In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State.

(13)In relation to an application for permission in principle which under any provision of this Part is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.]

Textual Amendments

Modifications etc. (not altering text)

60 Permission granted by development order.E+W

(1)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

[F195(1A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for building operations in England, the order may require the approval of the local planning authority, or the Secretary of State, to be obtained—

(a)for those operations, or

(b)with respect to any matters that relate to those operations, or to the use of the land in question following those operations, and are specified in the order.]

(2)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings [F196in Wales], the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.

[F197(2A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—

(a)for the use of the land for the new use;

(b)with respect to matters that relate to the new use and are specified in the order.

(2B)Without prejudice to the generality of [F198subsections (1) and (1A)], a development order may include provision for ensuring—

(a)that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—

(i)a written description, and a plan, of the proposed development are given to the local planning authority,

(ii)notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and

(iii)that period has ended, and

(b)that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.

(2C)In subsection (2B) “adjoining premises” includes any land adjoining—

(a)the dwelling house concerned, or

(b)the boundary of its curtilage.]

(3)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—

(a)in relation to development in a particular area, or

(b)in relation to any particular development.

(4)Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

Subordinate Legislation Made

P4S. 60 power previously exercised by S.I. 1990/2032

P5S. 60(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F197S. 60(2A)-(2C) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(1), 35(2)

61 Development orders: supplementary provisions.E+W

(1)A general development order may make different provision with respect to different descriptions of land.

(2)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—

(a)shall not apply to any development specified in the order, or

(b)shall apply to it subject to such modifications as may be so specified.

(3)In subsection (2) “pre 1947 Act enactment” means—

(a)any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and

(b)any enactment contained in the M34Highways Act 1980 which—

(i)is an enactment derived from the M35Highways Act 1959, and

(ii)re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).

Subordinate Legislation Made

P6S. 61(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Marginal Citations

[F199Local development ordersE+W

Textual Amendments

F199Ss. 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 ordersE+W

(1)[F200A 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)[F201A 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.

Textual Amendments

F200S. 61A(1) repealed (23.6.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 188(2), 238, 241, Sch. 13 (with s. 226); S.I. 2009/1303, art. 2, Sch.

F201Words in s. 61A(2) substituted (23.6.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 188(3), 241 (with s. 226); S.I. 2009/1303, art. 2

61BIntervention by Secretary of State or National AssemblyE+W

(1)At any time before a local development order is adopted by a local planning authority [F202in Wales,] the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.

(2)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.

(3)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.

(4)It is immaterial whether any such matter was taken account of by the local planning authority.

(5)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).

(6)If the appropriate authority thinks that a local development order [F203being 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.

(7)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.

[F204(7A)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.

Textual Amendments

F202Words in s. 61B(1) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(a), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

F203Words in s. 61B(6) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(3)(b), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

Modifications etc. (not altering text)

C57Ss. 61B(1)-(7) excluded (E.) (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(2), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

61CPermission granted by local development orderE+W

(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.]

[F20561DEffect of revision or revocation of development order on incomplete developmentE+W

(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.]

Textual Amendments

F205S. 61D inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 41 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

[F206Mayoral development ordersE+W

Textual Amendments

F206Ss. 61DA-61DE inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 1

61DAMayoral development ordersE+W

(1)The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order.

(2)The site or sites must fall within—

(a)the area of a local planning authority in Greater London, or

(b)the areas of two or more local planning authorities in Greater London.

(3)The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.

61DBPermission granted by Mayoral development orderE+W

(1)Planning permission granted by a Mayoral development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.

(3)A person specified in a condition must be the Mayor of London or a relevant local planning authority.

(4)The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.

(5)In subsection (4) “specified” means specified, or of a description specified, in the development order.

(6)The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.

(7)A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.

(8)So far as the context requires, in relation to—

(a)an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or

(b)the determination of such an application,

any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.

(9)For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.

61DCPreparation and making of Mayoral development orderE+W

(1)The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.

(2)A development order under subsection (1) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

(3)A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.

(4)A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.

(5)A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.

(6)If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.

61DDRevision or revocation of Mayoral development orderE+W

(1)The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.

(2)The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).

(3)The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.

(4)The power under subsection (3) is to be exercised by order made by the Secretary of State.

(5)If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.

(6)The Secretary of State may by development order make provision about—

(a)the steps to be taken by the Secretary of State before giving a direction or making an order under this section;

(b)the procedure for the revision or revocation of a Mayoral development order.

(7)A development order under subsection (6) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

61DEEffect of revision or revocation on incomplete developmentE+W

(1)This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.

(2)For this purpose planning permission for development granted by a Mayoral development order is withdrawn—

(a)if the order is revoked under section 61DD, or

(b)if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.

(3)The development may, despite the withdrawal of the permission, be completed, subject as follows.

(4)If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination.

(5)A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.

(6)If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order.

(7)If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order.

(8)The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.]

[F207Neighbourhood development ordersE+W

Textual Amendments

F207Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

61ENeighbourhood development ordersE+W

(1)Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.

(2)A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order—

(a)for development specified in the order, or

(b)for development of any class specified in the order.

(3)Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—

(a)provision for independent examination of orders proposed by qualifying bodies, and

(b)provision for the holding of referendums on orders proposed by those bodies.

(4)A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—

(a)must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and

(b)if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held [F208and, in any event, by such date as may be prescribed].

(5)If—

(a)there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and

(b)in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood development order to which the proposal relates.

(6)A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.

(7)For the meaning of “neighbourhood area”, see sections 61G and 61I(1).

(8)The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any [F209retained EU obligation] or any of the Convention rights (within the meaning of the Human Rights Act 1998).

(9)Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).

(10)The regulations may in particular make provision—

(a)for the holding of an examination,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity,

(e)as to the information and documents that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public, and

(h)as to the making and consideration of representations (including the time by which representations must be made).

(11)The authority must publish in such manner as may be prescribed—

(a)their decision to act under subsection (4) or (8),

(b)their reasons for making that decision, and

(c)such other matters relating to that decision as may be prescribed.

(12)The authority must send a copy of the matters required to be published to—

(a)the qualifying body that initiated the process for the making of the order, and

(b)such other persons as may be prescribed.

(13)A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.

61FAuthorisation to act in relation to neighbourhood areasE+W

(1)For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.

(2)If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.

(3)For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.

(4)An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.

(5)A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—

(a)it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),

(b)its membership is open to—

(i)individuals who live in the neighbourhood area concerned,

(ii)individuals who work there (whether for businesses carried on there or otherwise), and

(iii)individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(c)its membership includes a minimum of 21 individuals each of whom—

(i)lives in the neighbourhood area concerned,

(ii)works there (whether for a business carried on there or otherwise), or

(iii)is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(d)it has a written constitution, and

(e)such other conditions as may be prescribed.

(6)A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.

(7)A local planning authority—

(a)must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—

(i)which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),

(ii)whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and

(iii)whose purpose reflects (in general terms) the character of that area,

(b)may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,

(c)may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and

(d)must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.

(8)A designation—

(a)ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and

(b)in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.

[F210(8A)A designation ceases to have effect if—

(a)a new parish council is created or there is a change in the area of a parish council, and

(b)as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.

(8B)The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.]

(9)A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—

(a)the conditions by reference to which it was designated, or

(b)any other criteria to which the authority were required to have regard in making the designation;

and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.

(10)A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.

(11)Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.

(12)Regulations—

(a)may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and

(b)may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).

(13)The regulations may in particular make provision—

(a)as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,

(b)as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,

(c)suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,

(d)for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and

(e)requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.

Textual Amendments

Modifications etc. (not altering text)

C58S. 61F applied by 2004 c. 5, s. 38C(2)(a) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

C59S. 61F applied (with modifications) by 2004 c. 5, s. 38C(2A) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(7), 46(3); S.I. 2018/38, reg. 3(b))

61GMeaning of “neighbourhood area”E+W

(1)A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—

(a)a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and

(b)the authority are determining the application (but see subsection (5)).

(2)A “relevant body” means—

(a)a parish council, or

(b)an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).

(3)The specified area—

(a)in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and

(b)in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.

(4)In determining an application the authority must have regard to—

(a)the desirability of designating the whole of the area of a parish council as a neighbourhood area, and

(b)the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.

(5)If—

(a)a valid application is made to the authority,

(b)some or all of the specified area has not been designated as a neighbourhood area, and

(c)the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,

the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.

(6)The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.

[F211(6A)The power in subsection (6) to modify designations already made includes power—

(a)to change the boundary of an existing neighbourhood area,

(b)to replace an existing neighbourhood area with two or more separate neighbourhood areas, and

(c)to replace two or more existing neighbourhood areas with a single neighbourhood area.

(6B)A neighbourhood area created by virtue of subsection (6A)(b) may have the boundary created by splitting it from the existing area or a different boundary.

(6C)A neighbourhood area created by virtue of subsection (6A)(c) may have the boundary created by combining the existing areas or a different boundary.

(6D)A modification under subsection (6) of a designation already made does not affect the continuation in force of a neighbourhood development order even though as a result of the modification—

(a)it no longer relates to a neighbourhood area, or

(b)it relates to more than one neighbourhood area.]

(7)The areas designated as neighbourhood areas must not overlap with each other.

(8)A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.

(9)If the authority refuse an application, they must give reasons to the applicant for refusing the application.

(10)In this section “specified”, in relation to an application, means specified in the application.

(11)Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—

(a)as to the procedure to be followed in relation to designations,

(b)as to the giving of notice and publicity in connection with designations,

(c)as to consultation with and participation by the public in relation to designations,

(d)as to the making and consideration of representations about designations (including the time by which representations must be made),

(e)as to the form and content of applications for designations,

(f)requiring an application for a designation to be determined by a prescribed date,

(g)entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and

(h)about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).

[F212(12)Regulations under subsection (11) may provide that where an application under this section—

(a)meets prescribed criteria, or

(b)has not been determined within a prescribed period,

the local planning authority must, except in prescribed cases or circumstances, exercise their powers under this section to designate the specified area as a neighbourhood area.

(13)The reference in subsection (12) to the designation of an area as a neighbourhood area includes the modification under subsection (6) of a designation already made.]

Textual Amendments

F212S. 61G(12)(13) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 139, 216(1)(d)

Modifications etc. (not altering text)

C60S. 61G(6D) applied (with modifications) by 2004 c. 5, s. 38C(5A) (as inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(8), 46(1); S.I. 2018/38, reg. 3(c))

61HNeighbourhood areas designated as business areasE+W

(1)Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.

(2)The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.

(3)The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.

(4)The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.

61INeighbourhood areas in areas of two or more local planning authoritiesE+W

(1)The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.

(2)Regulations may make provision in connection with—

(a)the operation of subsection (1), and

(b)the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.

(3)The regulations may in particular make provision—

(a)modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),

(b)applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,

(c)requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and

(d)conferring powers or imposing duties on local planning authorities.

Modifications etc. (not altering text)

C61S. 61I(2)(3) applied by 2004 c. 5, s. 38C(2)(b) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2)

61JProvision that may be made by neighbourhood development orderE+W

(1)A neighbourhood development order may make provision in relation to—

(a)all land in the neighbourhood area specified in the order,

(b)any part of that land, or

(c)a site in that area specified in the order.

(2)A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.

(3)For the meaning of “excluded development”, see section 61K.

(4)A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.

(5)A neighbourhood development order may not relate to more than one neighbourhood area.

[F213(5A)Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).]

(6)A neighbourhood development order may make different provision for different cases or circumstances.

61KMeaning of “excluded development”E+W

The following development is excluded development for the purposes of section 61J—

(a)development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,

(b)development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,

(c)development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

(d)development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),

(e)prescribed development or development of a prescribed description, and

(f)development in a prescribed area or an area of a prescribed description.

Modifications etc. (not altering text)

C62S. 61K applied by 2004 c. 5, s. 38B(6) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61LPermission granted by neighbourhood development ordersE+W

(1)Planning permission granted by a neighbourhood development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)The conditions that may be specified include—

(a)obtaining the approval of the local planning authority who made the order but not of anyone else, and

(b)provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.

(3)Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.

(4)The regulations may in particular make provision—

(a)as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),

(b)requiring parish councils in prescribed circumstances to cease determining applications for approvals,

(c)conferring powers or imposing duties on local planning authorities,

(d)treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),

(e)applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and

(f)disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.

(5)A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.

(6)Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).

(7)If—

(a)planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and

(b)the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8)But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

61MRevocation or modification of neighbourhood development ordersE+W

(1)The Secretary of State may by order revoke a neighbourhood development order.

(2)A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.

(3)If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.

(4)A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.

[F214(4A)A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.]

(5)If the qualifying body that initiated the process for the making of [F215the neighbourhood development order mentioned in subsection (4) or (4A)] is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) [F216or (4A)] is exercisable only with that body's consent.

(6)A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.

(7)Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.

(8)The regulations may in particular make provision—

(a)for the holding of an examination in relation to a revocation proposed to be made by the authority,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity in connection with a revocation or modification,

(e)as to the information and documents relating to a revocation or modification that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public in relation to a revocation, and

(h)as to the making and consideration of representations about a revocation (including the time by which representations must be made).

Textual Amendments

F214S. 61M(4A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(2), 46(3); S.I. 2018/38, reg. 3(b)

F215Words in s. 61M(5) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(3)(a), 46(3); S.I. 2018/38, reg. 3(b)

F216Words in s. 61M(5) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(3)(b), 46(3); S.I. 2018/38, reg. 3(b)

Modifications etc. (not altering text)

C63S. 61M applied (with modifications) by 2004 c. 5, s. 38C(2)(c)(3) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61NLegal challenges in relation to neighbourhood development ordersE+W

(1)A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [F217the day after] the day on which the decision is published.

(2)A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) [F218or paragraph 13B of that Schedule (intervention powers of Secretary of State)] only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [F219the day after] the day on which the decision is published.

(3)A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [F220before the end of] the period of 6 weeks beginning with [F221the day after] the day on which the result of the referendum is declared.

Textual Amendments

Modifications etc. (not altering text)

C64S. 61N applied (with modifications) by 2004 c. 5, s. 38C(2)(d)(4) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61OGuidanceE+W

Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).

Modifications etc. (not altering text)

C65S. 61O applied by 2004 c. 5, s. 38C(2)(e) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61PProvision as to the making of certain decisions by local planning authoritiesE+W

(1)Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).

(2)The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).

Modifications etc. (not altering text)

C66S. 61P applied by 2004 c. 5, s. 38C(2)(f) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

61QCommunity right to build ordersE+W

Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).]

[F222[F223England: consultation] before applying for planning permission [F224or permission in principle] E+W

Textual Amendments

F222Ss. 61W-61Y and cross-heading inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(1), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)

F223Words in s. 61W cross-heading substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

F224Words in s. 61W cross-heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 3; S.I. 2016/733, reg. 3(d)

61W[F225England: requirement] to carry out pre-application consultationE+W

F223

(1)Where—

(a)a person proposes to make an application for planning permission[F226, or permission in principle,] for the development of any land in England, and

(b)the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

(2)The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

(3)The person must consult each specified person about the proposed application.

(4)Publicity under subsection (2) must—

(a)set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(5)In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

(6)Subsection (1) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(7)A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

Textual Amendments

F225Words in s. 61W title substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

Modifications etc. (not altering text)

C67S. 61W applied (with modifications) by S.I. 2017/402, art. 5C (as inserted (E.) (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 4)

61XDuty to take account of responses to consultationE+W

(1)Subsection (2) applies where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission [F227or permission in principle], and

(b)proposes to go ahead with making an application for planning permission [F227or permission in principle] (whether or not in the same terms as the proposed application).

(2)The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

Textual Amendments

61YPower to make supplementary provisionE+W

(1)A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission [F228or permission in principle].

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision about, or in connection with, publicising the proposed application;

(b)provision about, or in connection with, the ways of responding to the publicity;

(c)provision about, or in connection with, consultation under section 61W(3);

(d)provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

(e)provision as to the timetable (including deadlines) for—

(i)compliance with section 61W(1),

(ii)responding to publicity under section 61W(2), or

(iii)responding to consultation under section 61W(3);

(f)provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

(g)provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

(3)Provision under subsection (1) may be different for different cases.]

Textual Amendments

[F229Wales: pre-application procedureE+W

Textual Amendments

F229S. 61Z and cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

61ZWales: requirement to carry out pre-application consultationE+W

(1)This section applies where—

(a)a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b)the proposed development is development of a description specified in a development order.

(2)The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3)The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4)The applicant must consult each specified person about the proposed application.

(5)Publicity under subsection (3) must—

(a)set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6)For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7)Subsection (2) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(8)A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9)That provision may include —

(a)provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b)provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(c)provision about the timetable (including deadlines) for consultation;

(d)provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).]

[F23061Z1Wales: pre-application servicesE+W

(1)The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.

(2)Regulations under this section may, in particular, make provision—

(a)about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b)about the nature of the services required to be provided, and when and how they are to be provided;

(c)for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;

(d)about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(3)References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.

(4)A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.

Textual Amendments

F230Ss. 61Z1, 61Z2 inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 18, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

61Z2Pre-application services: records and statement of servicesE+W

(1)The Welsh Ministers may by regulations make provision requiring—

(a)records to be kept of requests for pre-application services;

(b)records to be kept of pre-application services provided;

(c)a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.

(2)The regulations may, in particular, include provision about—

(a)the form and content of the records to be kept;

(b)the form and content of the statement;

(c)the way in which records are to be kept;

(d)the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.

(3)Regulations under this section or section 61Z1 may contain incidental, supplementary and consequential provision.]

Textual Amendments

F230Ss. 61Z1, 61Z2 inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 18, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

Applications for planning permission [F231or permission in principle] E+W

Textual Amendments

F231Words 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)

[F23362 Applications for planning permission [F232or permission in principle].E+W

(1)A development order may make provision as to applications for planning permission [F234or 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.

[F235(2A)In subsections (1) and (2) references to applications for planning permission include references to applications for approval under section 61L(2).]

(3)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).

[F236(4A)Also, a requirement under subsection (3) in respect of an application F237...—

(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.]

[F238(7)In subsection (8) “a relevant application” means the application for planning permission [F239or 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 [F240or permission in principle], and

(b)is going ahead with making an application for planning permission [F240or 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.]

[F241(9)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.]

Textual Amendments

F233S. 62 substituted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)

F235S. 62(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 5; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F237Words in s. 62(4A) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 28, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 8)

F238S. 62(7)(8) inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(2), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)

F241S. 62(9)-(11) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

Modifications etc. (not altering text)

[F242Wales: appeal against notice that application is not validE+W

Textual Amendments

F242Ss. 62ZA-62ZD and cross-heading inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 29(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 9)

62ZAWales: notice that application is not validE+W

(1)This section applies where an application is made to a local planning authority in Wales—

(a)for planning permission, or

(b)for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2)In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3)The notice must—

(a)identify the requirement in question, and

(b)set out the authority's reasons for thinking the application does not comply with it.

(4)In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a)the application does not comply with the terms of the planning permission in question, or

(b)a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5)The notice must identify—

(a)the information, documents or materials in question, and

(b)the paragraph of subsection (4) which the authority think applies.

(6)A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).

(7)A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a)the local planning authority must not entertain the application (see section 327A), or

(b)the period prescribed under section 78(2) does not begin to run in relation to the application.

62ZBRight to appeal to Welsh Ministers against noticeE+W

(1)If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2)In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a)that the application complies with the requirement identified in the notice given under section 62ZA(2);

(b)that the application is not one to which the requirement applies;

(c)that the requirement is not a validation requirement in relation to the application;

(d)in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3)In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a)that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b)in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c)in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4)The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5)The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6)The appeal is to be determined on the basis of representations in writing.

(7)The Welsh Ministers must either—

(a)dismiss the appeal, or

(b)quash or vary the notice to which it relates.

(8)The Welsh Ministers' decision on the appeal is final.

62ZCAppeals under section 62ZB: determination by appointed personE+W

(1)Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2)In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3)At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a)revoke the person's appointment, and

(b)appoint another person under subsection (1) to determine the appeal.

(4)An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5)An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6)The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

62ZDAppeals under section 62ZB: determination by Welsh Ministers in place of appointed personE+W

(1)The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2)The Welsh Ministers must serve a copy of the direction on—

(a)the person (if any) appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(3)In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4)The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5)The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a)the person (if any) previously appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(6)Where the Welsh Ministers give a direction under subsection (4)—

(a)they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b)anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c)subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.]

[F243England: option to make application directly to Secretary of State]E+W

Textual Amendments

F243S. 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)

[F24462AWhen 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—

[F245(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.]

[F246(1A)Only prescribed descriptions of application may be specified in a designation under subsection (1).]

[F247(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 F248... 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

F244Ss. 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

F245S. 62A(1)(a)(b) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(1), 216(2)(c)

F247S. 62A(2) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(3), 216(2)(c)

F248Words 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.

[F249(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

F244Ss. 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) [F250or (3B)] 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 [F251or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule].]

Textual Amendments

F244Ss. 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

F250Words in s. 62C(2) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(11), 46(3); S.I. 2018/38, reg. 3(a)

F251Words in s. 62C(3) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(12), 46(3); S.I. 2018/38, reg. 3(a)

[F252Wales: developments of national significanceE+W

Textual Amendments

F252Ss. 62D, 62E and cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 19, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 7)

62DDevelopments of national significance: applications to be made to Welsh MinistersE+W

(1)A nationally significant development application is to be made to the Welsh Ministers instead of to the local planning authority.

(2)A nationally significant development application is an application for planning permission for the development of land in Wales, where the development to which the application relates is of national significance.

(3)Development is of national significance for this purpose if it meets criteria specified in regulations made by the Welsh Ministers for the purposes of this section.

(4)Development is also of national significance for this purpose if it is development that the National Development Framework for Wales specifies, under section 60(3) of the Planning and Compulsory Purchase Act 2004, is to constitute development of national significance for the purposes of this section.

(5)The planning permission that may be granted on an application under this section does not include outline planning permission (and for this purpose “outline planning permission” has the meaning given in section 92).

(6)An application within subsection (7) is not to be treated as being a nationally significant development application, unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(7)An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62ENotification of proposed application under section 62DE+W

(1)A person who proposes to make an application to the Welsh Ministers under section 62D must notify the following of the proposed application—

(a)the Welsh Ministers, and

(b)the local planning authority to which, but for section 62D, the application would be made.

(2)The notification must comply with any requirements specified in a development order.

(3)Those requirements may include requirements as to—

(a)the form and content of a notification;

(b)information that is to accompany the notification (including information about secondary consents in respect of which the person considers a decision should be made by the Welsh Ministers under section 62F, or otherwise relating to secondary consents);

(c)the way in which and time in which the notification is to be given.

(4)On receiving notification of an application from a person in accordance with this section, the Welsh Ministers must give notice to the person that the notification has been accepted.

(5)Any step taken in respect of an application that is proposed to be made under section 62D, if taken before the date on which notice is given under subsection (4) in respect of the application, is not to be treated for the purposes of this Act as constituting consultation with any person about the application.

(6)A development order may make provision about the giving of notice by the Welsh Ministers under subsection (4).

(7)That provision may include provision—

(a)about the form and content of the notice to be given under subsection (4);

(b)about the way in which it is to be given;

(c)about the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).

(8)In this section and sections 62F and 62G, “secondary consent” has the meaning given in section 62H.]

[F25362FDevelopments of national significance: secondary consentsE+W

(1)Subsections (2) to (5) apply where—

(a)an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and

(b)the Welsh Ministers consider that—

(i)a secondary consent is connected to the section 62D application, and

(ii)having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them.

(2)Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers.

(3)For this purpose—

(a)any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and

(b)if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person.

(4)Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person.

(5)The decision of the Welsh Ministers on the secondary consent is final.

(6)A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent—

(a)is required in order for the development to which the section 62D application relates to be carried out,

(b)would facilitate the carrying out of that development, or

(c)would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development.

Textual Amendments

F253Ss. 62F-62H inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

62GDevelopments of national significance: supplementary provision about secondary consentsE+W

(1)The Welsh Ministers may give directions requiring the relevant person to do things in relation to a secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers.

(2)The relevant person is the person by whom (but for section 62F) the decision as to whether to grant the secondary consent would have been made.

(3)The power to give directions under this section includes power to vary or revoke the directions.

(4)Regulations made by the Welsh Ministers may make provision for regulating the manner in which a secondary consent, or an application for secondary consent, is to be dealt with by the Welsh Ministers under section 62F.

(5)That provision may include provision—

(a)about consultation to be carried out by the Welsh Ministers before a secondary consent is granted or refused;

(b)requiring a person to provide a substantive response to any consultation carried out by virtue of the regulations (including about the requirements of a substantive response and the period within which it is to be provided).

(6)Regulations made by the Welsh Ministers may provide for an applicable enactment or requirement—

(a)to apply, with or without modifications, in respect of a secondary consent within subsection (1), or an application for such a consent, or

(b)not to apply in respect of such a consent or application.

(7)For this purpose an applicable enactment or requirement, in relation to a secondary consent within subsection (1), or an application for such a consent, is—

(a)any provision of or made under this Act, or of or made under any other enactment, in respect of consents of that kind;

(b)any requirements imposed by or under this Act, or any other enactment, in respect of consents of that kind.

Textual Amendments

F253Ss. 62F-62H inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

62HDevelopments of national significance: meaning of secondary consentE+W

(1)For the purposes of this Act, a “secondary consent” is—

(a)a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or

(b)a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales,

and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers.

(2)A description of consent or notice may be prescribed under subsection (1) only if—

(a)provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and

(b)the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function).

(3)For the purposes of subsection (1)—

(a)references to a consent include references to a permit, certificate, licence or other authorisation;

(b)legislation” means any of the following (whenever enacted or made)—

(i)an Act of Parliament;

(ii)a Measure or Act of the National Assembly for Wales;

(iii)subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales).]

Textual Amendments

F253Ss. 62F-62H inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

[F25462IRequirement to submit local impact reportE+W

(1)This section applies where—

(a)an application has been made to the Welsh Ministers under section 62D, and

(b)the Welsh Ministers have taken steps, in respect of the application, that are specified in a development order for the purposes of this section.

(2)The Welsh Ministers must give notice in writing to each relevant local planning authority, requiring the authority to submit a local impact report in respect of the application to the Welsh Ministers.

(3)The notice must specify the deadline for receipt of the report by the Welsh Ministers.

(4)An authority to which notice is given under this section must comply with it.

(5)A local planning authority is a relevant local planning authority for the purposes of subsection (2) if the land to which the application relates, or any part of that land, is in the authority's area.

Textual Amendments

F254Ss. 62I-62K inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

62JDuty to have regard to local impact reportE+W

(1)In dealing with an application made to them under section 62D, the Welsh Ministers must have regard to any local impact report submitted to them by a local planning authority, in respect of the application, pursuant to a notice under section 62I.

(2)In dealing with the application, the Welsh Ministers must also have regard to any voluntary local impact report submitted to them in respect of the application.

(3)A voluntary local impact report is a local impact report submitted—

(a)by a local planning authority in Wales otherwise than pursuant to a notice under section 62I, or

(b)by a community council.

(4)A development order may make provision about the submission of voluntary local impact reports to the Welsh Ministers (including provision about the manner in which a voluntary impact report is to be submitted, and the time at which it may be submitted).

(5)The duty imposed by subsection (2) does not apply in respect of a voluntary local impact report submitted otherwise than in accordance with any provision made as described in subsection (4).

Textual Amendments

F254Ss. 62I-62K inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

62KLocal impact report: supplementaryE+W

(1)For the purposes of sections 62I and 62J, a local impact report, in respect of an application, is a report in writing that—

(a)gives details of the likely impact of the proposed development on the area (or any part of the area) of the local planning authority or community council submitting the report, and

(b)complies with any requirements specified in a development order as to the form and content of local impact reports (including any requirements specified as to information to be provided in respect of secondary consents).

(2)For this purpose the “proposed development” is the development in respect of which the application in question is made.]

Textual Amendments

F254Ss. 62I-62K inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 21, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

[F25562LTimetable for determining applicationsE+W

(1)This section applies where an application has been made to the Welsh Ministers under section 62D.

(2)The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period.

(3)The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers.

(4)A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3).

(5)The Welsh Ministers may by notice—

(a)suspend the running of the determination period in a particular case for a period specified in the notice;

(b)terminate, reduce or extend an existing period of suspension.

(6)Notice under subsection (5) must be given to—

(a)the person who made the application under section 62D,

(b)the local planning authority to which, but for section 62D, that application would have been made, and

(c)any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate.

(7)A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given).

(8)The Welsh Ministers must lay before the National Assembly for Wales annual reports on—

(a)their compliance with the duty imposed by subsection (2), and

(b)their exercise of the functions conferred by subsection (5).

(9)The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period.]

Textual Amendments

F255S. 62L inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 22, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

[F256Wales: option to make application to Welsh MinistersE+W

Textual Amendments

F256Ss. 62M-62O and cross-heading inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 23, 58(2)(b)(4)(b)

62MOption to make application directly to Welsh MinistersE+W

(1)If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.

(2)The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.

(3)The second condition is that—

(a)the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or

(b)the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),

is development of a description prescribed by regulations made by the Welsh Ministers.

(4)A qualifying application, for the purposes of this section, is—

(a)an application for planning permission for the development of land in Wales, provided that the development to which it relates is not development of national significance for the purposes of section 62D;

(b)an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.

(5)But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(6)An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

62NDesignation for the purposes of section 62ME+W

(1)In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.

(2)The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.

(3)The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.

(4)The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.

(5)The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.

(6)In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

(7)The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.

(8)The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).

(9)An urban development corporation may not be designated for the purposes of section 62M.

62OOption to make application to Welsh Ministers: connected applicationsE+W

(1)This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.

(2)A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

(3)A connected application, for this purpose, is an application under the planning Acts that—

(a)relates to land in Wales,

(b)is an application of a description prescribed by regulations made by the Welsh Ministers, and

(c)is considered by the person making it to be connected to the principal application.

(4)Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

(a)that the application is not connected to the principal application, or

(b)that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

(5)The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

(6)An application referred to an authority under subsection (5)—

(a)is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and

(b)is to be determined by the authority accordingly.

(7)A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).]

[F257Applications made to Welsh Ministers: generalE+W

Textual Amendments

F257Ss. 62P, 62Q and cross-heading inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 24, 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

62PApplications to the Welsh Ministers: supplementaryE+W

(1)A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final.

(2)The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority.

(3)The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

(4)Directions given under this section—

(a)may relate to a particular application or description of application, or to applications generally;

(b)may be given to a particular authority or description of authority, or to authorities generally.

(5)The power to give directions under this section includes power to vary or revoke the directions.

62QNotifying community councils of applications made to Welsh MinistersE+W

(1)This section applies if—

(a)an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and

(b)a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

(2)The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

(3)The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

(4)The “relevant local planning authority”, for this purpose, is—

(a)in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made;

(b)in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority.]

[F25862RPower to make provision by development order in respect of applications to Welsh MinistersE+W

(1)A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers.

(2)That provision may include provision about—

(a)consultation to be carried out by the Welsh Ministers;

(b)the variation of an application.]

Textual Amendments

F258S. 62R inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 25, 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

[F25962SExercise of functions by appointed personE+W

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers.]

Textual Amendments

F259S. 62S inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), ss. 26(1), 58(2)(b)(4)(b); S.I. 2016/52, art. 3(a)

F26063. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F26164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Publicity for applicationsE+W

[F26365 Notice etc. of applications for planning permission [F262or permission in principle].E+W

(1)A development order may make provision requiring—

(a)notice to be given of any application for planning permission [F264or permission in principle], and

(b)any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2)Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or [F265an agricultural tenant of that land], is given notice of the application in such manner as may be required by the order.

(3)A development order may require an applicant for planning permission [F266or permission in principle] to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

[F267(3A)In subsections (1) and (3) references to any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.]

(4)A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(5)A local planning authority shall not entertain an application for planning permission [F268or permission in principle] unless any requirements imposed by virtue of this section have been satisfied.

(6)If any person—

(a)issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

(b)recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(7)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)In this section—

  • [F269agricultural tenant ”, in relation to any land, means any person who—

    (a)

    is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or

    (b)

    is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;]

  • owner” in relation to any land means any person who—

    (a)

    is the estate owner in respect of the fee simple;

    (b)

    is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

    (c)

    in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission [F270or permission in principle] relates includes any interest in any mineral in, on or under the land.

(9)Notwithstanding section 127 of the M36Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.]

Textual Amendments

F263S. 65 substituted for ss. 65-68 (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 c. 34, s. 16(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1491, art. 2

F265Words in s. 65(2) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(2) (with s. 37)

F267S. 65(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 6; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F269Definition of "agricultural tenant" substituted (1.9.1995) for definition of "agricultural holding" in s. 65(8) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(3) (with s. 37)

Modifications etc. (not altering text)

C72S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(5)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(3)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(5) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65 applied (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(3)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Marginal Citations

[F27166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27469 Register of applications etcE+W

(1)The local planning authority must keep a register containing such information as is prescribed as to—

(a)applications for planning permission;

[F275(aza)applications for permission in principle;]

[F276(aa)applications for non-material changes to planning permission under section 96A;]

F277(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)local development orders;

[F278(ca)neighbourhood planning matters;]

(d)simplified planning zone schemes.

(2)The register must contain—

(a)information as to the manner in which applications mentioned in subsection (1)(a) [F279[F280and (aa)]] [F279, (aa) and (aza)] and requests mentioned in subsection (1)(b) have been dealt with;

(b)such information as is prescribed with respect to any local development order [F281, neighbourhood planning matter] or simplified planning zone scheme in relation to the authority’s area.

[F282(2A)For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—

(a)neighbourhood development orders;

(b)neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and

(c)proposals for such orders or plans.]

(3)A development order may require the register to be kept in two or more parts.

(4)Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) [F283, (aa)] [F284, (aza)] and (b).

(5)A development order may also make provision—

(a)for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them;

(b)for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of.

(6)Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register.

(7)The register must be kept in such manner as is prescribed.

(8)The register must be kept available for inspection by the public at all reasonable hours.

(9)Anything prescribed under this section must be prescribed by development order.]

Textual Amendments

F274S. 69 substituted (6.8.2004 for certain purposes and otherwise 22.2.2010) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 3 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2010/321, art. 2

F276S. 69(1)(aa) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(a), 241 (with s. 226); S.I. 2010/566, art. 3(b)

F277S. 69(1)(b) repealed (6.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 18; S.I. 2012/628, art. 8(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F278S. 69(1)(ca) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F280Words in s. 69(2)(a) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(b), 241 (with s. 226); S.I. 2010/566, art. 3(b)

F281Words in s. 69(2)(b) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F282S. 69(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 7(4); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F283Words in s. 69(4) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 190(4)(c), 241 (with s. 226); S.I. 2010/566, art. 3(b)

Modifications etc. (not altering text)

C76S. 69 extended (with modifications) (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 22, Sch. 2 para. 9(1)(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

S. 69 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 69 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C77S. 69: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F28569AThe register: additional requirements in relation to EnglandE+W

(1)A register kept under section 69 by a local planning authority in England must (in addition to the information prescribed under that section) also contain such information as is prescribed as to—

(a)prior approval applications made in connection with planning permission granted by a development order;

(b)the manner in which such applications have been dealt with by the authority;

(c)notifications of proposed development made in connection with planning permission granted by a development order;

(d)any actions taken by the authority following such notifications.

(2)A “prior approval application”, in connection with planning permission granted by a development order, means an application made to a local planning authority for—

(a)any approval of the authority required under the order, or

(b)a determination from the authority as to whether such approval is required.

(3)A “notification of proposed development”, in connection with planning permission granted by a development order, means a notification made to a local planning authority to meet a requirement under the order.

(4)The power in subsection (1)(b) to prescribe information as to the manner in which applications have been dealt with by a local planning authority includes power to prescribe information as to cases where the authority does not respond to an application.

(5)Where the register is kept in two or more parts, each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) and (c).

(6)A development order may also make provision—

(a)for a specified part of the register to contain copies of applications or notifications and of any documents or material submitted with them;

(b)for the entry relating to an application (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of;

(c)for the entry relating to a notification (and everything relating to it) to be removed from that part of the register in such circumstances as may be prescribed.

(7)Provision under subsection (6)(b) or (c) does not prevent the inclusion of a different entry relating to the application or notification in another part of the register.

(8)Anything prescribed under this section must be prescribed by development order.

(9)A development order—

(a)may make different provision for different kinds of application or notification;

(b)may make provision which applies generally or only in relation to particular kinds of notification or application.]

Textual Amendments

Determination of applicationsE+W

70 Determination of applications: general considerations.E+W

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

F286(a)subject to [F287section 62D(5) and] sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

F286(b)they may refuse planning permission.

[F288(1A)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.]

(2)In dealing with [F289an application for planning permission or permission in principle] the authority shall have regard [F290to—

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

[F291(aza)a post-examination draft neighbourhood development plan, so far as material to the application,]

[F292(aa)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.]

[F293(2ZZA)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.]

[F294(2ZA)Subsection (2)(aa) applies only in relation to Wales.]

[F295(2A)[F296Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not] apply in relation to Wales.]

(3)Subsection (1) has effect subject to [F297section 65] and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M38Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M39Health Services Act 1976.

[F298(3B)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.]

[F299(4)In this section—

  • local finance consideration” means—

    (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

    (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—

    (a)

    a district council;

    (b)

    a county council in England;

    (c)

    the Mayor of London;

    (d)

    the council of a London borough;

    (e)

    a Mayoral development corporation;

    (f)

    an urban development corporation;

    (g)

    a housing action trust;

    (h)

    the Council of the Isles of Scilly;

    (i)

    the Broads Authority;

    (j)

    a National Park authority in England;

    (k)

    the Homes and Communities Agency; or

    (l)

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

Textual Amendments

F286S. 70(1)(a)(b): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

F287Words in s. 70(1)(a) 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. 5; S.I. 2016/52, art. 3(e)

F290Words in s. 70(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(2), 240(1)(i) (with ss. 143(5), 144)

F292S. 70(2)(aa) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(2), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)

F293S. 70(2ZZA)-(2ZZC) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(3)(b), 216(2)(c)

F294S. 70(2ZA) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(3), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)

F295S. 70(2A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(3), 240(1)(i) (with ss. 143(5), 144)

F299S. 70(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(4), 240(1)(i) (with ss. 143(5), 144)

Modifications etc. (not altering text)

C83S. 70 modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 19 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4,, Sch. 2

S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

Marginal Citations

[F30170AF300[F301Power of local planning authority to decline to determine applications.][Power to decline to determine subsequent application.]E+W

(1)A local planning authority may decline to determine an application for planning permission for the development of any land if—

(a)within the period of two years ending with the date on which the application is received, the [F302Welsh Ministers have refused a similar application made to them under section 62D, 62F, 62M or 62O, or referred to them under section 77, or have] dismissed an appeal against the refusal of a similar application; and

(b)in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

(2)For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

(3)The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.]

[F301(1)A local planning authority may decline to determine a relevant application if—

(a)any of the conditions in subsections (2) to (4) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application [F303made to the Secretary of State under section 62A or] referred to him under section 76A or 77.

(3)The condition is that in that period the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 78(2) in respect of a similar application.

(4)The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal [F304or, if there has been such an appeal, it has been withdrawn].

[F305(4A)A local planning authority in England may also decline to determine a relevant application if—

(a)the condition in subsection (4B) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(4B)The condition is that—

(a)in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application,

(b)the similar application was an application deemed to have been made by section 177(5), and

(c)the land to which the application mentioned in subsection (4A) and the similar application relate is in England.]

(5)A relevant application is—

(a)an application for planning permission for the development of any land;

[F306(aa)an application for permission in principle for the development of any land;]

(b)an application for approval in pursuance of [F307section 60(1A), (2)][F308, (2A) or (2B)].

(6)The relevant considerations are—

(a)the development plan so far as material to the application;

(b)any other material considerations.

(7)The relevant event is—

(a)for the purposes of subsections (2) [F309, (4) and (4B)] the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(8)[F310Subject to subsection (9), an application is similar] to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.]

[F311(9)An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).]

Textual Amendments

F300Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F301Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F302Words in s. 70A(1)(a) substituted (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. 6; S.I. 2016/52, art. 3(e)

F303Words in s. 70A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 6; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F304Words in s. 70A(4)(b) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(2) (with s. 226); S.I. 2009/400, art. 5

F305S. 70A(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(3) (with s. 226); S.I. 2009/400, art. 3

F307Words in s. 70A(5)(b) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(4), 216(3); S.I. 2016/733, reg. 3(e)

F308Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)

F309Words in s. 70A(7)(a) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(4) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C87S. 70A applied (with modifications) (6.4.1992) by S.I. 1992/666, art. 13(1)(c), Sch. 4 Pts. I, II

S. 70A applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2004/783), reg. 14(3), Sch. 4 (as amended by S.I. 2007/1739, reg. 2(b))

C88S. 70A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F31270BPower to decline to determine overlapping applicationE+W

(1)A local planning authority may decline to determine an application for planning permission[F313, or permission in principle,] for the development of any land which is

[F314(a)made on the same day as a similar application, or

(b)] made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section [F31562A,] 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.

(4)The condition is that a similar application—

(a)has been granted by the local planning authority,

(b)has been refused by them, or

(c)has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.

[F316(4A)A local planning authority in England may also decline to determine an application for planning permission[F317, or permission in principle,] for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.

(4B)The condition is that—

(a)a similar application is under consideration by the Secretary of State,

(b)the similar application is an application deemed to have been made by section 177(5), and

(c)the Secretary of State has not issued his decision.]

(5)An application F318... is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

(6)The determination period is—

(a)the period prescribed by the development order for the determination of the application, or

(b)such longer period as the applicant and the authority have agreed for the determination of the application.

[F319(7)If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.]]

Textual Amendments

F312Ss. 70A, 70B substituted (24.8.2005 (E.) in so far as relates to s. 70A and 6.4.2009 (E.) in so far as relates to s. 70B) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)

F314Words in s. 70B(1) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(2) (with s. 226); S.I. 2009/400, art. 5

F315Word in s. 70B(3) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 7; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F316S. 70B(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(3) (with s. 226); S.I. 2009/400, art. 3

F319S. 70B(7) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 3(4) (with s. 226); S.I. 2009/400, art. 5

[F32070CPower to decline to determine retrospective applicationE+W

(1)A local planning authority F321... may decline to determine an application for planning permission [F322or permission in principle] for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.

(2)For the purposes of the operation of this section in relation to any particular application for planning permission [F322or permission in principle], a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.]

Textual Amendments

F320S. 70C inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F321Words in s. 70C(1) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 32, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 11)

71 Consultations in connection with determinations under s. 70.E+W