Town and Country Planning Act 1990 (c. 8)

Part III E+W Control over development

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)

C2 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))

C3 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))

C4 Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

C5 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))

C6 Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)

C7 Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)

C8 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)

C9 Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)

C10 Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)

C11 Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 35(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)

Meaning of development E+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.

F1 [(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 F2 . . . highway authority of any works required for the maintenance or improvement of the road [F3 but, 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.

F4 [(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.]

[F5 (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.

F6 [(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.

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1 S. 55(2)(f); s. 55(2)(f) (with s. 333(7)) power exercised (5.7.1991) by S.I. 1991/1567

Textual Amendments

F1 S. 55(1A) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 13(1) (with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)

F2 Word 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

F3 Words in s. 55(2)(b) inserted (14.3.1999) by S.I. 1999/293, reg. 35(1)7

F4 S. 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)

F5 S. 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)

F6 S. 55(4A) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 14(1)(2) (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 4)

F7 S. 55(6) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6), Sch. 6 para. 9, Sch. 19, Pts. I, II (with s. 84(5)); S.I. 1991/2067, art. 3, Sch. 1

Modifications etc. (not altering text)

C12 S. 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))

C13 S. 55(2)(b) modified (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 51(2)

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 [F8 61L(5) and (7),] [F9 70D,] 85(2), 86(6), 87(4), [F10 89], [F11 90B,] 91, 92, [F12 93G,] [F13 93H,] [F14 94 and 108(3E)(c)(i)] [F15 and paragraph 13 of Schedule 7A].

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

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

[F16 (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 [F17 , a local development order or a Mayoral 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;

[F18 (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

F8 Words 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

F9 Word in s. 56(3) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 113(3), 255(3) (with s. 247)

F10 Word in s. 56(3) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(2)-(4), Sch. 7 para. 10(1) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F11 Word in s. 56(3) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(2), 255(3) (with s. 247)

F12 Word in s. 56(3) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 111(3), 255(3)(b) (with s. 247); S.I. 2024/389, reg. 2(g)

F13 Word in s. 56(3) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 2 (with s. 247)

F14 Words 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

F15 Words in s. 56(3) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(2) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)

F16 S. 56(4)(aa) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 10(2) (with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)

F17 Words in s. 56(5)(a) substituted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 3

F18 S. 56(5)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(2)-(4), Sch. 6 para. 10; S.I. 1991/2067, art. 3 (subject to art. 4)

Modifications etc. (not altering text)

C14 S. 56 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.

Requirement for planning permission E+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.

[F19 (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 [F20 , 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

F19 S. 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)

F20 Words 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)

C15 S. 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)

C16 S. 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)

C17 S. 57(2) applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 8(2) (with art. 22)

C18 S. 57(2) applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 9(1) (with art. 37)

C19 S. 57(2) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 58(4), 64(1)

C20 S. 57(2) applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 25 para. 4(1) (with arts. 62, 76, 87)

C21 S. 57(2) applied (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 6

C22 S. 57(2) applied (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 7 (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)

C23 S. 57(2) applied (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 9(1) (with art. 44, Sch. 15)

58 Granting of planning permission: general. E+W

(1) Planning permission may be granted—

(a) by a development order [F21 , 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 [F22 or the Welsh Ministers]) on application to the authority [F23 (or, in the cases provided in this Part, on application to the Secretary of State [F24 or 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 M1 Local 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

F21 Words 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

F22 Words 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)

F23 Words 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

F24 Words 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)

C24 S. 58(1)(b) excluded (17.12.1996) by 1996 c. ix, s. 10(d)

Marginal Citations

M1 1980 c. 65.

[F25 Permission in principle E+W

Textual Amendments

F25 S. 58A and cross-heading inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(1), 216(2)(c)

58A Permission in principle: general E+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 orders E+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 [F26 or the Welsh Ministers]) on application to the authority [F27 (or, in the cases provided in the following provisions, on application to the Secretary of State [F28 or 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.

[F29 (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

P2 S. 59: power previously exercised by S.I. 1990/2032

P3 S. 59: s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F26 Words 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)

F27 Words 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

F28 Words 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)

F29 S. 59(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 5

[F30 59A Development orders: permission in principle E+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

F30 S. 59A inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(2), 216(2)(c)

Modifications etc. (not altering text)

C25 S. 59A(4)(a)(b) excluded (15.4.2017) by The Town and Country Planning (Permission in Principle) Order 2017 (S.I. 2017/402), arts. 1, 5

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.

[F31 (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 [F32 in 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.

[F33 (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 [F34 subsections (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

P4 S. 60 power previously exercised by S.I. 1990/2032

P5 S. 60(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Textual Amendments

F31 S. 60(1A) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(1), 216(1)(d)

F32 Words in s. 60(2) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(2), 216(3); S.I. 2016/733, reg. 3(e)

F33 S. 60(2A)-(2C) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(1), 35(2)

F34 Words in s. 60(2B) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(3), 216(3); S.I. 2016/733, reg. 3(e)

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 M2 Highways Act 1980 which—

(i) is an enactment derived from the M3 Highways Act 1959, and

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

Subordinate Legislation Made

P6 S. 61(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536

Marginal Citations

M2 1980 c. 66.

M3 1959 c. 25.

[F35 Local development orders E+W

Textual Amendments

F35 Ss. 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}

61A Local development orders E+W

(1) [F36 A 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) [F37 A 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

F36 S. 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.

F37 Words 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

61B Intervention by Secretary of State or National Assembly E+W

(1) At any time before a local development order is adopted by a local planning authority [F38 in 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 [F39 being 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.

[F40 (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

F38 Words 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)

F39 Words 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)

F40 S. 61B(7A) inserted (9.12.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 5(4), 35(1); S.I. 2013/2878, art. 2 (with art. 3)

Modifications etc. (not altering text)

C26 Ss. 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)

61C Permission granted by local development order E+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.]

[F41 61D Effect of revision or revocation of development order on incomplete development E+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

F41 S. 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

[F42 Mayoral development orders E+W

Textual Amendments

F42 Ss. 61DA-61DE inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 1

61DA Mayoral development orders E+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.

61DB Permission granted by Mayoral development order E+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.

61DC Preparation and making of Mayoral development order E+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.

61DD Revision or revocation of Mayoral development order E+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.

61DE Effect of revision or revocation on incomplete development E+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.]

[F43 Neighbourhood development orders E+W

Textual Amendments

F43 Ss. 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)

61E Neighbourhood development orders E+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 [F44 and, 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 [F45 [F46 assimilated] 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.

Textual Amendments

F44 Words in s. 61E(4)(b) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 140(2), 216(1)(d)

F45 Words in s. 61E(8) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

F46 Word in s. 61E(8) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 27(2)(a)

61F Authorisation to act in relation to neighbourhood areas E+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.

[F47 (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

F47 S. 61F(8A), (8B) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(2), 46(1); S.I. 2018/38, reg. 3(c)

Modifications etc. (not altering text)

C27 S. 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))

C28 S. 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))

61G Meaning 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.

[F48 (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).

[F49 (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

F48 S. 61G(6A)-(6D) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(3), 46(1); S.I. 2018/38, reg. 3(c)

F49 S. 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)

C29 S. 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))

61H Neighbourhood areas designated as business areas E+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.

61I Neighbourhood areas in areas of two or more local planning authorities E+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)

C30 S. 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)

61J Provision that may be made by neighbourhood development order E+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.

[F50 (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.

Textual Amendments

F50 S. 61J(5A) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(4), 46(1); S.I. 2018/38, reg. 3(c)

61K Meaning 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)

C31 S. 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))

61L Permission granted by neighbourhood development orders E+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.

61M Revocation or modification of neighbourhood development orders E+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.

[F51 (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 [F52 the 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) [F53 or (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

F51 S. 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)

F52 Words 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)

F53 Words 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)

C32 S. 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))

61N Legal challenges in relation to neighbourhood development orders E+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 [F54 the 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) [F55 or 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 [F56 the 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 [F57 before the end of] the period of 6 weeks beginning with [F58 the day after] the day on which the result of the referendum is declared.

Textual Amendments

F54 Words in s. 61N(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F55 Words in s. 61N(2) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(3), 216(3); S.I. 2016/733, reg. 4(1)(b)

F56 Words in s. 61N(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F57 Words in s. 61N(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

F58 Words in s. 61N(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

Modifications etc. (not altering text)

C33 S. 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))

61O Guidance E+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)

C34 S. 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))

61P Provision as to the making of certain decisions by local planning authorities E+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)

C35 S. 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))

61Q Community right to build orders E+W

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

[F59 Street vote development orders E+W

Textual Amendments

F59 Ss. 61QA-61QM and cross-heading inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 106(2), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(d)

61QA Street vote development orders E+W

(1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.

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

(a) for development specified in the order, or

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

61QB Qualifying groups E+W

(1) A “qualifying group”, in relation to a street vote development order, is a group of individuals—

(a) each of whom on the prescribed date meet the conditions in subsection (2), and

(b) comprised of at least—

(i) the prescribed number, or

(ii) the prescribed proportion of persons of a prescribed description.

(2) The conditions are that the individual—

(a) is entitled to vote in—

(i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or

(ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,

(b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and

(c) does not have an anonymous entry in the register of local government electors.

(3) A “relevant council” means—

(a) a district council,

(b) a London borough council,

(c) a metropolitan district council, or

(d) a county council in relation to any area in England for which there is no district council.

(4) For the purposes of this section—

(a) “anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;

(b) “Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;

(c) the Inner Temple and the Middle Temple are to be treated as forming part of the City of London;

(d) “qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.

61QC Meaning of “street area” E+W

(1) A “street area” means an area in England—

(a) which is of a prescribed description, and

(b) no part of which is within an excluded area.

(2) An “excluded area” means—

(a) a National Park or the Broads;

(b) an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;

(c) an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981;

(d) an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;

(e) an area identified as green belt land, local green space or metropolitan open land in a development plan;

(f) a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(g) such other area as may be specified or described in regulations made by the Secretary of State.

(3) In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).

61QD Process for making street vote development orders E+W

(1) The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.

(2) SVDO regulations must, in particular, make provision—

(a) for the appointment by the Secretary of State of a person to—

(i) handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals,

(ii) carry out the independent examination of such proposals, and

(iii) to make street vote development orders on the Secretary of State’s behalf,

(and for the above purposes the same or different persons may be appointed);

(b) as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.

(3) SVDO regulations may, in particular, include provision as to—

(a) the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);

(b) the form and content of a street vote proposal;

(c) the information and documents (if any) which must accompany a street vote proposal;

(d) the circumstances and the way in which a proposal may be withdrawn;

(e) the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;

(f) the circumstances in which an appointed person may or must decline to consider or reject a proposal;

(g) the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;

(h) the functions of the independent examination in relation to the proposal;

(i) the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);

(j) the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);

(k) the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);

(l) the award of costs in connection with an examination;

(m) the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);

(n) the payment by a local planning authority of remuneration and expenses relating to the examination;

(o) the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);

(p) cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);

(q) requirements about the giving of notice and publicity;

(r) the information and documents that are to be made available to the public;

(s) consultation with and participation by the public or prescribed persons;

(t) the making and consideration of representations;

(u) the determination of the time by or at which anything must be done in connection with street vote development orders;

(v) the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;

(w) the making of reasonable charges for anything done in connection with street vote development orders;

(x) when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.

61QE Referendums E+W

(1) SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—

(a) as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;

(b) the functions of such councils in relation to the referendum;

(c) dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);

(d) prescribing a date by which the referendum must be held or before which it cannot be held;

(e) as to the question to be asked in the referendum and any explanatory material in relation to that question;

(f) as to voter eligibility for the referendum;

(g) as to the publicity to be given in connection with the referendum;

(h) as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);

(i) about the limitation of expenditure in connection with the referendum;

(j) as to the conduct of the referendum;

(k) as to when, where and how voting in the referendum is to take place;

(l) as to how the votes cast are to be counted;

(m) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;

(n) about the combination of polls at the referendum with polls at another referendum or at any election;

(o) as to the threshold of votes that must be met before a street vote development order may be made.

(2) For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.

(3) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

(4) Before making provision within this section, the Secretary of State must consult the Electoral Commission.

(5) In this section “enactment” means an enactment, whenever passed or made.

61QF Regulations: general provision E+W

SVDO regulations may—

(a) provide for exemptions (including exemptions which are subject to prescribed conditions);

(b) confer a function, including a function involving the exercise of a discretion, on any person.

61QG Provision that may be made by a street vote development order E+W

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

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

(b) any part of that land, or

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

(2) A street vote development order may only provide for the granting of planning permission for any development that—

(a) is prescribed development or development of a prescribed description or class,

(b) is not excluded development, and

(c) satisfies any further prescribed conditions.

(3) A street vote development order may make different provision for different purposes.

61QH Meaning of “excluded development” E+W

The following development is excluded development for the purposes of section 61QG(2)(b) —

(a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

(b) Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);

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

(d) development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;

(e) development consisting of the winning and working of minerals;

(f) such other development as may be specified or described in regulations made by the Secretary of State.

61QI Permission granted by street vote development orders E+W

(1) The granting of planning permission by a street vote development order is subject to—

(a) any prescribed conditions or limitations or conditions or limitations of a prescribed description, and

(b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).

(2) The conditions that may be specified include a condition that unless a relevant obligation is entered into—

(a) the development authorised by the planning permission or any description of such development must not be begun, or

(b) anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.

(3) A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.

(4) But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—

(a) is necessary to make the development specified in the order acceptable in planning terms,

(b) is directly related to the development,

(c) is fairly and reasonably related in scale and kind to the development, and

(d) satisfies such other requirements as may be specified in regulations made by the Secretary of State.

(5) The Secretary of State may by regulations provide that—

(a) conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),

(b) conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or

(c) no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description.

(6) A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.

(7) If—

(a) planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, 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 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

(9) In this section “relevant obligation” means—

(a) an obligation under section 106 (planning obligations), or

(b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).

61QJ Revocation or modification of street vote development orders E+W

(1) The Secretary of State may by order revoke or modify a street vote development order.

(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.

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

(4) An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.

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

(6) Regulations may make provision in connection with the revocation or modification of a street vote development order.

(7) The regulations may, in particular, include provision as to—

(a) the giving of notice and publicity in connection with a revocation or modification;

(b) the information and documents relating to a revocation or modification that are to be made available to the public;

(c) the making of reasonable charges for anything provided as a result of the regulations;

(d) consultation with and participation by the public in relation to a revocation or modification;

(e) the making and consideration of representations about a revocation or modification (including the time by which representations must be made).

61QK Financial assistance in relation to street votes E+W

(1) The Secretary of State may do anything that the Secretary of State considers appropriate—

(a) for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or

(b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.

(2) The things that the Secretary of State may do under this section include, in particular—

(a) the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and

(b) the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).

(3) In this section—

(a) the reference to giving advice or assistance includes providing training or education;

(b) any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

61QL Street votes: connected modifications E+W

The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.

61QM Interpretation E+W

In sections 61QA to 61QL—

• “an appointed person” means a person appointed in accordance with section 61QD(2)(a);

• “excluded development” has the meaning given by section 61QH;

• “qualifying group” has the meaning given by section 61QB;

• “relevant council” has the meaning given by section 61QB(3);

• “street area” has the meaning given by section 61QC;

• “street vote development order” has the meaning given by section 61QA(2);

• “street vote proposal” has the meaning given by section 61QD(2)(a)(i);

• “SVDO regulations” has the meaning given by section 61QD(1).]

[F60 [F61 England: consultation] before applying for planning permission [F62 or permission in principle] E+W

Textual Amendments

F60 Ss. 61W-61Y and cross-heading inserted (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) (as amended (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 122, 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(h)); S.I. 2013/2931, art. 2

F61 Words 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)

F62 Words 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 [F63 England: requirement] to carry out pre-application consultation E+W

(1) Where—

(a) a person proposes to make an application for planning permission [F64 , 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 [F65 293A] [F65 293B], 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

F63 Words 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)

F64 Words in s. 61W(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 4; S.I. 2016/733, reg. 3(d)

F65 Word in s. 61W(6)(a) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 2 (with s. 247)

Modifications etc. (not altering text)

C36 S. 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)

61X Duty to take account of responses to consultation E+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 [F66 or permission in principle], and

(b) proposes to go ahead with making an application for planning permission [F66 or 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

F66 Words in s. 61X(1)(a)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 5; S.I. 2016/733, reg. 3(d)

61Y Power to make supplementary provision E+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 [F67 or 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

F67 Words in s. 61Y(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 6; S.I. 2016/733, reg. 3(d)

[F68 Wales: pre-application procedure E+W

Textual Amendments

F68 S. 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)

61Z Wales: requirement to carry out pre-application consultation E+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).]

[F69 61Z1 Wales: pre-application services E+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

F69 Ss. 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)

61Z2 Pre-application services: records and statement of services E+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.

F70 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F69 Ss. 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)

F70 S. 61Z2(3) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(3)(a), 255(3)(a) (with s. 247)

Applications for planning permission [F71 or permission in principle] E+W

Textual Amendments

F71 Words 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)

[F73 62 Applications for planning permission [F72 or permission in principle]. E+W

(1) A development order may make provision as to applications for planning permission [F74 or 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.

[F75 (2A) In subsections (1) and (2) references to applications for planning permission include references to [F76 —

[F77 (za) applications for any consent, agreement or approval required by a condition under section 61C(1)(b),]

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), [F78 and]

(b)] applications for approval under section 61L(2) [F79 , and

(c) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).]]

(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).

[F80 (4A) Also, a requirement under subsection (3) in respect of an application F81 ...—

(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.]

[F82 (7) In subsection (8) “a relevant application” means the application for planning permission [F83 or 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 [F84 or permission in principle], and

(b) is going ahead with making an application for planning permission [F84 or 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.]

[F85 (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

F72 Words in s. 62 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(2); S.I. 2016/733, reg. 3(d)

F73 S. 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)

F74 Words in s. 62(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(2); S.I. 2016/733, reg. 3(d)

F75 S. 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)

F76 Words in s. 62(2A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 6

F77 S. 62(2A)(za) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 124(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i)

F78 Word in s. 62(2A)(a) omitted (31.1.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(6)(a) (with s. 247); S.I. 2024/92, reg. 2(q)

F79 S. 62(2A)(c) and word inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(6)(b) (with s. 247); S.I. 2024/92, reg. 2(q)

F80 S. 62(4A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 6, 35(1); S.I. 2013/1488, art. 3(c)

F81 Words 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)

F82 S. 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)

F83 Words in s. 62(7) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(3)(a); S.I. 2016/733, reg. 3(d)

F84 Words in s. 62(7)(a)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(3)(b); S.I. 2016/733, reg. 3(d)

F85 S. 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)

C37 S. 62(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(a) (with regs. 1(3), 47)

C38 S. 62(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(a)

C39 S. 62(3) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(b) (with regs. 1(3), 47)

C40 S. 62(3) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(b)

[F86 Wales: appeal against notice that application is not valid E+W

Textual Amendments

F86 Ss. 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)

62ZA Wales: notice that application is not valid E+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.

62ZB Right to appeal to Welsh Ministers against notice E+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.

62ZC Appeals under section 62ZB: determination by appointed person E+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.

62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person E+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.]

[F87 England: option to make application directly to Secretary of State] E+W

Textual Amendments

F87 S. 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)

[F88 62A When application may be made directly to Secretary of State E+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—

[F89 (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.]

[F90 (1A) Only prescribed descriptions of application may be specified in a designation under subsection (1).]

[F91 (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 F92 ... under the Planning (Listed Buildings and Conservation Areas) Act 1990, F93 ...

[F94 (ia) an application for hazardous substances consent under the Planning (Hazardous Substances) 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

F88 Ss. 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

F89 S. 62A(1)(a)(b) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(1), 216(2)(c)

F90 S. 62A(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(2), 216(2)(c)

F91 S. 62A(2) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(3), 216(2)(c)

F92 Words 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)

F93 Word in s. 62A(3)(a)(i) omitted (31.1.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 129(a), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(g)

F94 S. 62A(3)(a)(ia) inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 129(b), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(g)

62B Designation for the purposes of section 62A E+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.

[F95 (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

F88 Ss. 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

F95 S. 62B(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(5), 216(2)(c)

62C Notifying 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) [F96 or (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 [F97 or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule].]

Textual Amendments

F88 Ss. 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

F96 Words 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)

F97 Words 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)

[F98 Wales: developments of national significance E+W

Textual Amendments

F98 Ss. 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)

62D Developments of national significance: applications to be made to Welsh Ministers E+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.

62E Notification of proposed application under section 62D E+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.]

[F99 62F Developments of national significance: secondary consents E+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

F99 Ss. 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)

62G Developments of national significance: supplementary provision about secondary consents E+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

F99 Ss. 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)

62H Developments of national significance: meaning of secondary consent E+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

F99 Ss. 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)

[F100 62I Requirement to submit local impact report E+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

F100 Ss. 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)

62J Duty to have regard to local impact report E+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

F100 Ss. 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)

62K Local impact report: supplementary E+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

F100 Ss. 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)

[F101 62L Timetable for determining applications E+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

F101 S. 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)

[F102 Wales: option to make application to Welsh Ministers E+W

Textual Amendments

F102 Ss. 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)

62M Option to make application directly to Welsh Ministers E+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.

62N Designation for the purposes of section 62M E+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.

62O Option to make application to Welsh Ministers: connected applications E+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)).]

[F103 Applications made to Welsh Ministers: general E+W

Textual Amendments

F103 Ss. 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)

62P Applications to the Welsh Ministers: supplementary E+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.

62Q Notifying community councils of applications made to Welsh Ministers E+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.]

[F104 62R Power to make provision by development order in respect of applications to Welsh Ministers E+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

F104 S. 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)

[F105 62S Exercise of functions by appointed person E+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

F105 S. 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)

F106 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F106 S. 63 repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 11, Sch. 19, Pt.I (with s. 84(5)); S.I. 1991/2905, art.3, Sch. 1 (subject to art. 5)

F107 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F107 S. 64 repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 12, Sch. 19, Pt.I (with s. 84(5)); S.I. 1992/1630, art. 2, Schs. 1, 2 (with art. 3(1))

Publicity for applications E+W

[F109 65 Notice etc. of applications for planning permission [F108 or permission in principle]. E+W

(1) A development order may make provision requiring—

(a) notice to be given of any application for planning permission [F110 or 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 [F111 an 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 [F112 or 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.

[F113 (3A) In subsections (1) and (3) references to [F114 —

(a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, [F115 and]

(b)] 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 [F116 , and

(c) any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or 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 [F117 or 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—

• [F118 “agricultural 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 [F119 or permission in principle] relates includes any interest in any mineral in, on or under the land.

(9) Notwithstanding section 127 of the M4 Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.]

Textual Amendments

F108 Words in s. 65 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 9; S.I. 2016/733, reg. 3(d)

F109 S. 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

F110 Words in s. 65(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 9; S.I. 2016/733, reg. 3(d)

F111 Words in s. 65(2) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(2) (with s. 37)

F112 Words in s. 65(3) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 9; S.I. 2016/733, reg. 3(d)

F113 S. 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)

F114 Words in s. 65(3A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 7

F115 Word in s. 65(3A)(a) omitted (31.1.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(7)(a) (with s. 247); S.I. 2024/92, reg. 2(q)

F116 S. 65(3A)(c) and word inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(7)(b) (with s. 247); S.I. 2024/92, reg. 2(q)

F117 Words in s. 65(5) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 9; S.I. 2016/733, reg. 3(d)

F118 Definition 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)

F119 Words in s. 65(8) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 9; S.I. 2016/733, reg. 3(d)

Modifications etc. (not altering text)

C41 S. 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

C42 S. 65(5) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(c)

C43 S. 65(5) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(c) (with regs. 1(3), 47)

C44 S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(5) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(3) (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2765, art. 2

S. 65(6) extended (1.11.1995) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(3) (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2765, art. 2

Marginal Citations

M4 1980 c. 43.

[F120 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F122 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F123 69 Register of applications etc E+W

(1) The local planning authority must keep a register containing such information as is prescribed as to—

(a) applications for planning permission;

[F124 (aza) applications for permission in principle;]

[F125 (aa) applications for non-material changes to planning permission under section 96A;]

F126 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) local development orders;

[F127 (cza) Mayoral development orders;]

[F128 (czb) street vote development orders or proposals for such orders;]

[F129 (ca) neighbourhood planning matters;]

(d) simplified planning zone schemes;

[F130 (e) applications for approval of biodiversity gain plans under Part 2 of Schedule 7A;]

[F131 (f) development progress reports under section 90B;]

[F132 (g) commencement notices under section 93G.]

(2) The register must contain—

(a) information as to the manner in which applications mentioned in subsection (1)(a) [F133 [F134 and (aa)]] [F133 , (aa) [F135 , (aza) and (e)]] and requests mentioned in subsection (1)(b) have been dealt with;

(b) such information as is prescribed with respect to any local development order [F136 , [F137 Mayoral development order,] [F138 street vote development order or proposal for such an order,] neighbourhood planning matter] or simplified planning zone scheme in relation to the authority’s area;

[F139 (c) such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;]

[F140 (d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.]

[F141 (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) [F142 , (aa)] [F143 , (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

F123 S. 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

F124 S. 69(1)(aza) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 10; S.I. 2016/733, reg. 3(d)

F125 S. 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)

F126 S. 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)

F127 S. 69(1)(cza) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 8(2)

F128 S. 69(1)(czb) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(8)(a) (with s. 247); S.I. 2024/92, reg. 2(q)

F129 S. 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)

F130 S. 69(1)(e) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(3)(a) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)

F131 S. 69(1)(f) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(4)(a), 255(3) (with s. 247)

F132 S. 69(1)(g) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 111(4)(a), 255(3)(b) (with s. 247); S.I. 2024/389, reg. 2(g)

F133 Words in s. 69(2) substituted (E.) (27.3.2017) by The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/276), regs. 1, 3(2)(a)

F134 Words 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)

F135 Words in s. 69(2)(a) substituted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(3)(b) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)

F136 Words 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)

F137 Words in s. 69(2)(b) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 8(3)

F138 Words in s. 69(2)(b) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(8)(b) (with s. 247); S.I. 2024/92, reg. 2(q)

F139 S. 69(2)(c) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(4)(b), 255(3) (with s. 247)

F140 S. 69(2)(d) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 111(4)(b), 255(3)(b) (with s. 247); S.I. 2024/389, reg. 2(g)

F141 S. 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)

F142 Words 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)

F143 Words in s. 69(4) inserted (E.) (27.3.2017) by The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/276), regs. 1, 3(2)(b)

Modifications etc. (not altering text)

C45 S. 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

C46 S. 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

C47 S. 69 applied (with modifications) (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), reg. 47(1)

C48 S. 69 applied (with modifications) (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(2) (with reg. 52(2)(3), 59)

C49 S. 69 applied (with modifications) (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1)(2), 50(1)(b)

C50 S. 69 modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(1)(b)(i) (with regs. 47, 70)

C51 S. 69 modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(2)(a) (with regs. 1(4), 55(2)(3), 63, 65)

[F144 69A The register: additional requirements in relation to England E+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

F144 S. 69A inserted (27.4.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 17, 46(3)

Determination of applications E+W

70 Determination of applications: general considerations. E+W

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

F145 (a) subject to [F146 section 62D(5) [F147 , paragraph 13 of Schedule 7A] and] sections [F148 90B,] 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

F145 (b) they may refuse planning permission.

[F149 (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 [F150 an application for planning permission or permission in principle] the authority shall have regard [F151 to—

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

[F152 (aza) a post-examination draft neighbourhood development plan, so far as material to the application,]

[F153 (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.]

[F154 (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.]

[F155 (2ZA) Subsection (2)(aa) applies only in relation to Wales.]

[F156 (2A) [F157 Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not] apply in relation to Wales.]

(3) Subsection (1) has effect subject to [F158 section 65] and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M6 Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M7 Health Services Act 1976.

[F159 (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.]

[F160 (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

F145 S. 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

F146 Words 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)

F147 Words in s. 70(1)(a) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(4) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)

F148 Word in s. 70(1)(a) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(5), 255(3) (with s. 247)

F149 S. 70(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(3)(a), 216(2)(c)

F150 Words in s. 70(2) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 11(2); S.I. 2016/733, reg. 3(d)

F151 Words 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)

F152 S. 70(2)(aza) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 1(2), 46(1); S.I. 2017/767, reg. 2(a)

F153 S. 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)

F154 S. 70(2ZZA)-(2ZZC) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(3)(b), 216(2)(c)

F155 S. 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)

F156 S. 70(2A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(3), 240(1)(i) (with ss. 143(5), 144)

F157 Words in s. 70(2A) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 11(3); S.I. 2016/733, reg. 3(d)

F158 Words in s. 70(3) substituted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.14 (with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1

F159 S. 70(3B)-(3F) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 1(3), 46(1); S.I. 2017/767, reg. 2(a)

F160 S. 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)

C52 S. 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

C53 S. 70(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(d) (with regs. 1(3), 47)

C54 S. 70(1)(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(d)(e)

C55 S. 70(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(e) (with regs. 1(3), 47)

Marginal Citations

M6 1990 c. 9.

M7 1976 c. 83.

[F162 70A F161 [F162 Power 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 [F163 Welsh 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.]

[F162 (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 [F164 made 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 [F165 or, if there has been such an appeal, it has been withdrawn].

[F166 (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;

[F167 (aa) an application for permission in principle for the development of any land;]

(b) an application for approval in pursuance of [F168 section 60(1A), (2)][F169 , (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) [F170 , (4) and (4B)] the refusal of the similar application;

(b) for the purposes of subsection (3) the dismissal of the appeal.

(8) [F171 Subject 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.]

[F172 (9) An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).]

Textual Amendments

F161 Ss. 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)

F162 Ss. 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)

F163 Words 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)

F164 Words 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

F165 Words 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

F166 S. 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

F167 S. 70A(5)(aa) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(2); S.I. 2016/733, reg. 3(d)

F168 Words 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)

F169 Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)

F170 Words 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

F171 Words in s. 70A(8) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(3); S.I. 2016/733, reg. 3(d)

F172 S. 70A(9) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(4); S.I. 2016/733, reg. 3(d)

Modifications etc. (not altering text)

C56 S. 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))

C57 S. 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

C58 S. 70A(1)(2) applied (W.) (with modifications) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(f)(g)

C59 S. 70A(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(f) (with regs. 1(3), 47)

C60 S. 70A(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(g) (with regs. 1(3), 47)

[F173 70B Power to decline to determine overlapping application E+W

(1) A local planning authority may decline to determine an application for planning permission[F174 , or permission in principle,] for the development of any land which is

[F175 (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 [F176 62A,] 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.

[F177 (4A) A local planning authority in England may also decline to determine an application for planning permission[F178 , 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 F179 ... 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.

[F180 (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

F173 Ss. 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)

F174 Words in s. 70B(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 13(2); S.I. 2016/733, reg. 3(d)

F175 Words 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

F176 Word 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

F177 S. 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

F178 Words in s. 70B(4A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 13(2); S.I. 2016/733, reg. 3(d)

F179 Words in s. 70B(5) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 13(3); S.I. 2016/733, reg. 3(d)

F180 S. 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

[F181 70C Power to decline to determine retrospective application E+W

(1) A local planning authority F182 ... may decline to determine an application for planning permission [F183 or 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 [F183 or 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

F181 S. 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)

F182 Words 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)

F183 Words in s. 70C(1)(2) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 14; S.I. 2016/733, reg. 3(d)

[F184 70D Power to decline to determine applications in cases of earlier non-implementation etc E+W

(1) A local planning authority in England may decline to determine an application for planning permission for the development of any land if—

(a) the development is development of a prescribed description,

(b) the application is made by—

(i) a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or

(ii) a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”),

(c) the earlier development was of a description prescribed under paragraph (a), and

(d) subsection (2) or (3) applies to the earlier development.

(2) This subsection applies to the earlier development if the earlier development has not begun.

(3) This subsection applies to the earlier development if—

(a) the earlier development has begun but has not been substantially completed, and

(b) the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow.

(4) In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular—

(a) in a case where a commencement notice under section 93G has been given, whether the development—

(i) was begun by the date specified in the notice, and

(ii) was carried out in accordance with any timescales specified in it,

(b) whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and

(c) any prescribed circumstances.

(5) Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section.

(6) If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application.

(7) If a person to whom a notice under subsection (5) is given—

(a) makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or

(b) recklessly makes such a statement which is false or misleading in a material particular,

the person is guilty of an offence.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine.

(9) Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies.]

Textual Amendments

F184 S. 70D inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 113(2), 255(3) (with s. 247)

71 Consultations in connection with determinations under s. 70. E+W

[F185 (1) A development order may provide that a local planning authority shall not determine an application for planning permission [F186 or permission in principle] before the end of such period as may be prescribed.

(2) A development order may require a local planning authority—

(a) to take into account in determining such an application such representations, made within such period, as may be prescribed; and

(b) to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

[F187 (2ZA) In subsections (1) and (2) references to [F188 —

(a) an application for consent, agreement or approval as mentioned in section 61DB(2), [F189 and]

(b)] an application for planning permission include references to an application for approval under section 61L(2) [F190 , and

(c) an application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).]]

(2A) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.]

(3) Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.

[F191 (3A) Subsection (3) does not apply in relation to planning permission granted by [F192 a Mayoral development order or] a neighbourhood development order.]

(4) In this section—

• [F193 “prescribed” means prescribed by a development order ]

• “site licence” means a licence under Part 1 of the M8 Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site [F194 or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act)].

Textual Amendments

F185 S. 71(1)(2)(2A) substituted for s. 71(1)(2) (25.11.1991 for certain purposes and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 16(2) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1491, art. 2

F186 Words in s. 71(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 15; S.I. 2016/733, reg. 3(d)

F187 S. 71(2ZA) 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. 8(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); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

F188 Words in s. 71(2ZA) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 9(2)

F189 Word in s. 71(2ZA)(a) omitted (31.1.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(9)(a) (with s. 247); S.I. 2024/92, reg. 2(q)

F190 S. 71(2ZA)(c) and word inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(9)(b) (with s. 247); S.I. 2024/92, reg. 2(q)

F191 S. 71(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. 8(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)

F192 Words in s. 71(3A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 9(3)

F193 S. 71(4) definition of "prescribed" substituted (17.7.1992) for definitions of “agricultural holding” and “owner” by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.15 (with s. 84(5)); S.I. 1992/1491, art. 2

F194 Words in s. 71(4) inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 6(2) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

Modifications etc. (not altering text)

C61 S. 71(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(h) (with regs. 1(3), 47)

C62 S. 71(1)(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(h)(i)

C63 S. 71(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(i) (with regs. 1(3), 47)

Marginal Citations

M8 1960 c. 62.

[F195 71ZA Decision notices: Wales E+W

(1) A development order may include provision as to—

(a) the form of decision notices,

(b) the manner in which decision notices are to be given, and

(c) the particulars to be contained in decision notices.

(2) A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.

(3) Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.

(4) Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—

(a) a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or

(b) such a condition or limitation is imposed, removed or altered.

(5) The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.

(6) The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.

(7) In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.]

Textual Amendments

F195 S. 71ZA inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 33(2), 58(2)(b)(4)(b); S.I. 2016/52, arts. 3(b), 5(b) (with art. 12)

[F196 71ZB Notification of initiation of development and display of notice: Wales E+W

(1) Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—

(a) stating the date on which the development is to begin;

(b) giving details of the planning permission and of such other matters as may be specified by a development order.

(2) A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.

(3) A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.

(4) A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).

(5) A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.

(6) For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.]

Textual Amendments

F196 S. 71ZB inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 34, 58(2)(b)(4)(b); S.I. 2016/52, arts. 3(b), 5(b) (with art. 12)

F197 71A Assessment of environmental effects. E+W

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

Textual Amendments

F197 S. 71A omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 165(2), 255(5) (with s. 247)

72 Conditional grant of planning permission. E+W

(1) Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—

(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

(2) A planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.

(3) Where—

(a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition; and

(b) any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

(4) Subsection (3)(a) does not apply to a condition attached to the planning permission by or under section 91 or 92.

(5) Part I of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals [F198 or involving the depositing of refuse or waste materials], and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.

[F199 (6) See also section 100ZA, which makes provision about restrictions on the power to impose conditions by virtue of this section on a grant of planning permission in relation to land in England.]

Textual Amendments

F198 Words in s. 72(5) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.2 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F199 S. 72(6) inserted (1.10.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 3 para. 3; S.I. 2018/567, reg. 3(b)

Modifications etc. (not altering text)

C64 S. 72: 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

C65 S. 72 applied (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(1) (with arts. 37, 38, Sch. 9 para. 19)

C66 S. 72(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(j) (with regs. 1(3), 47)

C67 S. 72(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(j)

C68 S. 72(1)(a) modified (26.11.1992) by S.I. 1992/2683, reg. 2, Sch. para. 2

S. 72(1)(a) modified (3.6.1995) by S.I. 1995/1139, reg. 2, Sch. para. 1

73 Determination of applications to develop land without compliance with conditions previously attached. E+W

(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2) On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

[F200 (2A) See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (2) on a grant of planning permission in relation to land in England.]

[F201 (2B) Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).

(2C) Subsection (2D) applies where—

(a) for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”),

(b) planning permission is granted under this section, and

[F202 (c) the conditions subject to which the planning permission is granted under this section—

(i) do not affect the post-development value of the onsite habitat as specified in the earlier biodiversity gain plan, and

(ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat within the meaning of regulations made under paragraph 18 of Schedule 7A, do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier biodiversity gain plan.]

(2D) Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.]

[F203 (2E) Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).]

[F204 (3) Special provision may be made with respect to such applications—

(a) by regulations under section 62 as regards the form and content of the application, and

(b) by a development order as regards the procedure to be followed in connection with the application.]

(4) This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.

[F205 (5) Planning permission must not be granted under this section [F206 for the development of land in England] to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—

(a) a development must be started;

(b) an application for approval of reserved matters (within the meaning of section 92) must be made.]

Textual Amendments

F200 S. 73(2A) inserted (1.10.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 3 para. 4; S.I. 2018/567, reg. 3(b)

F201 S. 73(2B)-(2D) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(5) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)

F202 S. 73(2C)(c) substituted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 (S.I. 2024/49), regs. 1(2), 7; S.I. 2024/44, reg. 2(1)(e)

F203 S. 73(2E) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(6), 255(3) (with s. 247)

F204 S. 73(3) repealed (6.8.2004 for certain purposes and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(2), 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

F205 S. 73(5) inserted (24.8.2005 for E and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(3), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F206 Words in s. 73(5) 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. 35(7), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)

Modifications etc. (not altering text)

C69 S. 73: 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 para. A. 2

C70 S. 73: 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

C71 S. 73 applied (16.8.2012) by The Hinkley Point Harbour Empowerment Order 2012 (S.I. 2012/1914), arts. 1(1), 18(4)-(6) (with arts. 34, 35, 37, 40)

C72 S. 73(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(k) (with regs. 1(3), 47)

C73 S. 73(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(k)

[F207 73A Planning permission for development already carried out. E+W

(1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) applies to development carried out—

(a) without planning permission;

(b) in accordance with planning permission granted for a limited period; or

(c) without complying with some condition subject to which planning permission was granted.

(3) Planning permission for such development may be granted so as to have effect from—

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

Textual Amendments

F207 S. 73A inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 16(1) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)

Modifications etc. (not altering text)

C74 S. 73A: 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

C75 S. 73A applied (16.8.2012) by The Hinkley Point Harbour Empowerment Order 2012 (S.I. 2012/1914), arts. 1(1), 18(4)-(6) (with arts. 34, 35, 37, 40)

C76 S. 73A(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(l)

C77 S. 73A(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(l) (with regs. 1(3), 47)

74 Directions etc. as to method of dealing with applications. E+W

(1) Provision may be made by a development order for regulating the manner in which applications for planning permission [F208 , or permission in principle,] to develop land are to be dealt with by local planning authorities, and in particular—

(a) for enabling the Secretary of State to give directions restricting the grant of planning permission [F209 or permission in principle] by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b) for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission [F210 , or permission in principle,] for development which does not accord with the provisions of the development plan;

(c) for requiring that, before planning permission [F211 or permission in principle] for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;

(d) for requiring the local planning authority to give to any applicant for planning permission [F212 or permission in principle], within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(e) for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

(f) for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission [F213 or permission in principle] made to the authority, including information as to the manner in which any such application has been dealt with.

[F214 (1ZA) In subsection (1)—

(a) in paragraph (c) the reference to planning permission for any development includes a reference to [F215 —

(i) a consent, agreement or approval as mentioned in section 61DB(2), [F216 and]

(ii)] an approval under section 61L(2), and

[F217 (iii) a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and]

(b) in paragraph (f) references to applications for planning permission include references to [F218 —

(i) applications for consent, agreement or approval as mentioned in section 61DB(2), [F219 and]

(ii)] applications for approvals under section 61L(2) [F220 , and

(iii) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).]]

[F221 (1A) Provision may be made by a development order—

(a) for determining the persons to whom applications under this Act are to be sent; and

(b) for requiring persons to whom such applications are sent to send copies to other interested persons.]

[F222 (1B) Provision may be made by a development order—

(a) for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a [F223 London borough—

(i) to consult with the Mayor of London before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or

(ii) to refuse] an application for planning permission[F224 , or permission in principle,] of a prescribed description in any particular case;

(b) for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and

(c) for modifying any provision of this Act relating to an appeal against a refusal of planning permission [F225 or permission in principle] (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with [F226 a direction given by virtue of paragraph (a)(ii).]

F227 ...

[F228 (1BA) In subsection (1B) “prescribed” means—

(a) prescribed by a development order, or

(b)