C13C14C15C16C17C18C19C20C21C76 Part III Control over development
Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)
Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))
Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)
Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)
Secretary of State’s powers as respects planning applications and decisions
76AF15Major infrastructure projects
1
This section applies to—
a
an application for planning permission;
b
an application for the approval of a local planning authority required under a development order,
if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
2
The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
3
If the Secretary of State gives a direction under subsection (2) he may also direct that any application—
a
under or for the purposes of the planning Acts, and
b
which he thinks is connected with the application mentioned in subsection (1),
must also be referred to him instead of being dealt with by the local planning authority.
4
If the Secretary of State gives a direction under this section—
a
the application must be referred to him;
b
he must appoint an inspector to consider the application.
5
If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
a
be in such form and contain such matter as is prescribed by development order;
b
be submitted to the Secretary of State in accordance with such provision as is so prescribed.
6
For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
7
A direction under this section or section 76B may be varied or revoked by a subsequent direction.
8
The decision of the Secretary of State on any application referred to him under this section is final.
9
Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
10
The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
a
section 70;
b
section 72(1) and (5);
c
section 73;
d
section 73A.
11
A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
12
This section does not apply to an application which relates to the development of land in Wales.
76BMajor infrastructure projects: inspectors
1
This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
2
The Secretary of State may direct the lead inspector—
a
to consider such matters relating to the application as are prescribed;
b
to make recommendations to the Secretary of State on those matters.
3
After considering any recommendations of the lead inspector the Secretary of State may—
a
appoint such number of additional inspectors as he thinks appropriate;
b
direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
4
An additional inspector must—
a
comply with such directions as to procedural matters as the lead inspector gives;
b
report to the lead inspector on the matters he is appointed to consider.
5
A copy of directions given as mentioned in subsection (4)(a) must be given to—
a
the person who made the application;
b
the local planning authority;
c
any other person who requests it.
6
If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
7
In every case the lead inspector must report to the Secretary of State on—
a
his consideration of the application;
b
the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
8
The function of the lead inspector in pursuance of subsection (2)—
a
may be exercised from time to time;
b
includes making recommendations as to the number of additional inspectors required from time to time.
9
The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.
76CF19Provisions applying to applications made under section 62A
1
Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.
2
Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.
F272A
Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority.
2B
Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.
3
Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.
76DDeciding applications made under section 62A
1
An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.
2
Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
a
revoke the person's appointment; and
b
appoint another person to determine the application instead.
3
A person appointed under this section to determine an application for planning permission F28or permission in principle made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.
4
Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.
5
Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
6
It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.
7
Where any enactment (other than this section and section 319A)—
a
refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or
b
refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.
76EApplications under section 62A: determination by Secretary of State
1
The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.
2
Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
a
the person, if any, appointed under section 76D to determine the application concerned,
b
the applicant, and
c
the local planning authority.
3
Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
a
in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
b
subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.
4
The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
5
Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
a
the person, if any, previously appointed under section 76D to determine the application concerned,
b
the applicant, and
c
the local planning authority.
6
Where a direction is given under subsection (4) in relation to a direct application—
a
anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and
b
subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.
C1C277 Reference of applications to Secretary of State.
1
The Secretary of State may give directions requiring applications for planning permission F29or permission in principle, or for the approval of any local planning authority required under a development order F17, a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.
2
A direction under this section—
a
may be given either to a particular local planning authority or to local planning authorities generally; and
b
may relate either to a particular application or to applications of a class specified in the direction.
3
Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
4
Subject to F30subsection (5)—
a
b
where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;
andF2a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71.
C35
Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
6
Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.
F216A
Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.
7
The decision of the Secretary of State on any application referred to him under this section shall be final.
C5C6C7C8C9C22C24C26C28C30C31C32C33C35C37C40C42C44C46C48C50C52C54C56C59C60C62C63C64C65C66C67C69C70C71C72C74C77C78C82C8378C4 Right to appeal against planning decisions and failure to take such decisions.
C39C58C811
Where a local planning authority—
a
refuse an application for planning permission or grant it subject to conditions;
F32aa
refuse an application for permission in principle;
b
refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or
c
refuse an application for any approval of that authority required under a development order F18, a local development order or a neighbourhood development order or grant it subject to conditions,
the applicant may by notice appeal to the Secretary of State.
2
A person who has made such an application F20to the local planning authority may also appeal to the Secretary of State if the local planning authority have F3done none of the following—
a
given notice to the applicant of their decision on the application;
F4aa
b
given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,
within such period as may be prescribed by the development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
3
Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order.
4
The time prescribed for the service of such a notice must not be less than—
a
28 days from the date of notification of the decision; or
b
in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
F64A
A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.
F394AA
An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—
a
the land to which the application relates is in Wales,
b
granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and
c
on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.
4AB
An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—
a
the land to which the application relates is in Wales,
b
an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and
c
on the determination of that appeal, the condition was not discharged under section 177.
F254B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404BA
Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.
4BB
A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
F254C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F254D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F2478AAppeal made: functions of local planning authorities
1
This section applies if a person who has made an application mentioned in section 78(1)(a) F33or (aa) appeals to the Secretary of State under section 78(2).
2
At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
3
If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
a
the appeal must be treated as an appeal under section 78(1) against the refusal;
b
the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
c
the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
4
If the local planning authority give notice as mentioned in subsection (2) that their decision is F34to grant an application mentioned in section 78(1)(a) subject to conditions the Secretary of State must give the person making the appeal the opportunity—
a
to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
b
to revise the grounds of the appeal;
c
to change any option the person has chosen relating to the procedure for the appeal.
5
The Secretary of State must not issue his decision on the appeal before the end of the additional period.
6
The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).
C11C23C25C27C29C30C31C32C34C36C38C41C43C45C47C49C51C53C55C57C59C61C62C63C64C65C66C68C69C70C71C73C75C79C80C82C8479C10 Determination of appeals.
1
On an appeal under section 78 the Secretary of State may—
a
allow or dismiss the appeal, or
b
reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
F261A
On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.
1B
But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.
C122
Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
F93
Subsection (2) does not apply to—
a
an appeal referred to a Planning Inquiry Commission under section 101; or
b
an appeal against a decision of a local planning authority in England.
F233A
Subsection (2) does not apply to an appeal to the Welsh Ministers.
4
Subject to F36subsection (2)—
a
sectionsF1070, 72(1) and (5), 73 and 73A and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 F37in respect of an application within section 78(1)(a), (b) or (c) as they apply in relation to an application for planning permission which falls to be determined by the F38local planning authority;
b
section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;
andF11a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71.
5
The decision of the Secretary of State on such an appeal shall be final.
6
If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—
a
could not have been granted by the local planning authority; or
b
could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
F356ZA
If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.
F126A
If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
a
give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and
b
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
7
Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.
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)