C1C2C3C4C5C6C7C9C10C11 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C4

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

Development orders

P159 Development orders: general.

P21

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 F4or the Welsh Ministers) on application to the authority F2(or, in the cases provided in the following provisions, on application to the Secretary of State F5or 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.

F14

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.

59AF9Development orders: permission in principle

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—

    1. a

      falls within subsection (3),

    2. b

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

    3. 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—

C8a

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

C8b

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.

P360 Permission granted by development order.

P41

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.

F31A

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 F6in 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.

F82A

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 F7subsections (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.

P561 Development orders: supplementary provisions.

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 M1Highways Act 1980 which—

i

is an enactment derived from the M2Highways Act 1959, and

ii

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