Part III

Control over development

Meaning of development

Meaning of “development” and “new development”.
55
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.
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 . . . highway authority of any works required for the maintenance or improvement of the road 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.
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.
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.
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.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time when development begun.
56
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 61L(5) and (7), 70D, 85(2), 86(6), 87(4), 89, 90B,
91, 92, 93G, 93H, 94 and 108(3E)(c)(i) 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;
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 , 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;
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.

Requirement for planning permission

Planning permission required for development.
57
1
Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
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)
and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for planning permission etc. for development for which infrastructure consent is 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 , 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).

Granting of planning permission: general.
58
1
Planning permission may be granted—
a
by a development order , 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 or the Welsh Ministers) on application to the authority (or, in the cases provided in this Part, on application to the Secretary of State 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 Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.
e
by the Secretary of State in accordance with the provisions of sections 293B to 293J.
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.

Permission in principle

Permission in principle: general
58A
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

Development orders: general.
59
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 or the Welsh Ministers) on application to the authority (or, in the cases provided in the following provisions, on application to the Secretary of State 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.
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.

Development orders: permission in principle
59A
1
A development order may either—
a
itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or
b
provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description.
2
In this section—
- “
prescribed
” means prescribed in a development order;
- “
qualifying document
” means a document, as it has effect from time to time, which—
  1. falls within subsection (3),
  2. indicates that the land in question is allocated for development for the purposes of this section, and
  3. 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
, or under section 293D,
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.

Permission granted by development order.
60
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.
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 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.
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
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.

Development orders: supplementary provisions.
61
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 Highways Act 1980 which—
i
is an enactment derived from the Highways Act 1959, and
ii
re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).

Local development orders

Local development orders
61A
1
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
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.

Intervention by Secretary of State or National Assembly
61B
1
At any time before a local development order is adopted by a local planning authority
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
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.
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.

Permission granted by local development order
61C
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.

Effect of revision or revocation of development order on incomplete development
61D
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.

Mayoral development orders

Mayoral development orders
61DA
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.

Permission granted by Mayoral development order
61DB
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.

Preparation and making of Mayoral development order
61DC
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.

Revision or revocation of Mayoral development order
61DD
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.

Effect of revision or revocation on incomplete development
61DE
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.

Neighbourhood development orders

Neighbourhood development orders
61E
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
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
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.

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

Meaning of “neighbourhood area”
61G
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.
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).
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.

Neighbourhood areas designated as business areas
61H
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.

Neighbourhood areas in areas of two or more local planning authorities
61I
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.

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

Meaning of “excluded development”
61K
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.

Permission granted by neighbourhood development orders
61L
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.

Revocation or modification of neighbourhood development orders
61M
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.
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
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)
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).

Legal challenges in relation to neighbourhood development orders
61N
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
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
)
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
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
before the end of
the period of 6 weeks beginning with
the day after
the day on which the result of the referendum is declared.

Guidance
61O
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).

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

Community right to build orders
61Q
Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).

Street vote development orders

Street vote development orders
61QA
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.

Qualifying groups
61QB
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.

Meaning of “street area”
61QC
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).

Process for making street vote development orders
61QD
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.

Referendums
61QE
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.

Regulations: general provision
61QF
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.

Provision that may be made by a street vote development order
61QG
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.

Meaning of “excluded development”
61QH
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.

Permission granted by street vote development orders
61QI
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).

Revocation or modification of street vote development orders
61QJ
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).

Financial assistance in relation to street votes
61QK
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).

Street votes: connected modifications
61QL
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.

Interpretation
61QM
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)
.
England: consultation
before applying for planning permission
or permission in principle

England: requirement to carry out pre-application consultation
61W
1
Where—
a
a person proposes to make an application for planning permission
, or permission in principle,
for the development of any land in England, and
b
the proposed development is of a description specified in a development order,
the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).
2
The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.
3
The person must consult each specified person about the proposed application.
4
Publicity under subsection (2) must—
a
set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and
b
give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.
5
In subsection (3) “
specified person
” means a person specified in, or of a description specified in, a development order.
6
Subsection (1) does not apply—
a
if the proposed application is an application under section
293A
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.

Duty to take account of responses to consultation
61X
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
or permission in principle
, and
b
proposes to go ahead with making an application for planning permission
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.

Power to make supplementary provision
61Y
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
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.

Wales: pre-application procedure

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

Wales: pre-application services
61Z1
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.

Pre-application services: records and statement of services
61Z2
1
The Welsh Ministers may by regulations make provision requiring—
a
records to be kept of requests for pre-application services;
b
records to be kept of pre-application services provided;
c
a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.
2
The regulations may, in particular, include provision about—
a
the form and content of the records to be kept;
b
the form and content of the statement;
c
the way in which records are to be kept;
d
the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for planning permission or permission in principle

Applications for planning permission or permission in principle.
62
1
A development order may make provision as to applications for planning permission
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.
2A
In subsections (1) and (2) references to applications for planning permission include references to —
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),
and
b
applications for approval under section 61L(2)
, 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).
4A
Also, a requirement under subsection (3) in respect of an application ...—
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.
7
In subsection (8) “
a relevant application
” means the application for planning permission
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
or permission in principle
, and
b
is going ahead with making an application for planning permission
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.
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.

Wales: appeal against notice that application is not valid

Wales: notice that application is not valid
62ZA
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.

Right to appeal to Welsh Ministers against notice
62ZB
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.

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

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

England: option to make application directly to Secretary of State

When application may be made directly to Secretary of State
62A
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—
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.
1A
Only prescribed descriptions of application may be specified in a designation under subsection (1).
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
... under the Planning (Listed Buildings and Conservation Areas) Act 1990,
...
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.

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

Notifying parish councils of applications under section 62A(1)
62C
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)
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
or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule
.

Wales: developments of national significance

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

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

Developments of national significance: secondary consents
62F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Developments of national significance: meaning of secondary consent
62H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to submit local impact report
62I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to have regard to local impact report
62J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local impact report: supplementary
62K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Timetable for determining applications
62L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wales: option to make application to Welsh Ministers

Option to make application directly to Welsh Ministers
62M
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...;
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.

Designation for the purposes of section 62M
62N
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.

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

Applications made to Welsh Ministers: general

Applications to the Welsh Ministers: supplementary
62P
1
A decision of the Welsh Ministers on an application made to them under section
...
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
...
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.

Notifying community councils of applications made to Welsh Ministers
62Q
1
This section applies if—
a
an application is made to the Welsh Ministers under section
...
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
...
section 62M, the local planning authority to which (but for
that section
) the application would have been made;
b
in the case of an application under section
...
62O which (but for
that section
) would have been made to a local planning authority, that authority.

Power to make provision by development order in respect of applications to Welsh Ministers
62R
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
...
62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section
...
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.

Exercise of functions by appointed person
62S
Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with
...
applications made to the Welsh Ministers
under section 62M or 62O
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Publicity for applications

Notice etc. of applications for planning permission or permission in principle.
65
1
A development order may make provision requiring—
a
notice to be given of any application for planning permission
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
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
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.
3A
In subsections (1) and (3) references to —
a
any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval,
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
, 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
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—
- “
agricultural tenant
”, in relation to any land, means any person who—
  1. 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
  2. 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—
  1. is the estate owner in respect of the fee simple;
  2. is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or
  3. 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
or permission in principle
relates includes any interest in any mineral in, on or under the land.
9
Notwithstanding section 127 of the
Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

Notification of applications to owners and agricultural tenants.
66
1
Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—
a
a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;
b
a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out—
i
the names of those persons,
ii
the addresses at which notice of the application was given to them respectively, and
iii
the date of service of each such notice;
c
a certificate stating—
i
that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b),
ii
that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and
iii
that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so;
d
a certificate stating—
i
that the applicant is unable to issue a certificate in accordance with paragraph (a), and
ii
that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so.
2
Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated.
3
The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a).
4
In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement —
a
that none of the land to which the application relates constitutes or forms part of an agricultural holding; or
b
that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates.
5
Such a statement as is mentioned in subsection (4)(b) must set out—
a
the name of each person to whom the applicant has given notice of the application,
b
the address at which notice was given to him, and
c
the date of service of that notice.
6
Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate.
7
In this section—
- “
owner
”, in relation to any land, means a person who for the time being is—
a
the estate owner in respect of the fee simple in the land, or
b
entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and
“
agricultural holding
” has the same meaning as in the
Agricultural Holdings Act 1986.

Notification of applications for planning permission for mineral working.
67
1
In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications.
2
Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land.
3
In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant—
a
stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land;
b
setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice;
c
stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and
d
stating that he has complied with subsection (7) and when he did so.
4
In this section “
relevant mineral
” means any mineral other than oil, gas, coal, gold or silver.
5
Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated.
6
The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3).
7
In order to comply with this subsection the applicant must—
a
post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and
b
leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.
8
The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.
9
If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances.
10
The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted).
11
Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.

Further provisions as to certificates under sections 65 to 67.
68
1
If any person—
a
issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 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 those requirements and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
2
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section.
4
Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.

Register of applications etc
69
1
The local planning authority must keep a register containing such information as is prescribed as to—
a
applications for planning permission;
aza
applications for permission in principle;
aa
applications for non-material changes to planning permission under section 96A;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
local development orders;
cza
Mayoral development orders;
czb
street vote development orders or proposals for such orders;
ca
neighbourhood planning matters;
d
simplified planning zone schemes;
e
applications for approval of biodiversity gain plans under Part 2 of Schedule 7A;
f
development progress reports under section 90B;
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)
and (aa)
, (aa)
, (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
,
Mayoral development order,
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;
c
such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;
d
such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.
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)
, (aa)
, (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.

The register: additional requirements in relation to England
69A
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.

Determination of applications

Determination of applications: general considerations.
70
1
Where an application is made to a local planning authority for planning permission—
a
subject to ... paragraph 13 of Schedule 7A and sections 90B, 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or
b
they may refuse planning permission.
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 an application for planning permission or permission in principle the authority shall have regard to—
a
the provisions of the development plan, so far as material to the application,
aza
a post-examination draft neighbourhood development plan, so far as material to the application,
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.
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.
2ZA
Subsection (2)(aa) applies only in relation to Wales.
2A
Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not
apply in relation to Wales.
3
Subsection (1) has effect subject to section 65 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , to section 160 of the Historic Environment (Wales) Act 2023 and to section 15 of the Health Services Act 1976.
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.
4
In this section—
- “
local finance consideration
” means—
  1. 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
  2. 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—
  1. a district council;
  2. a county council in England;
  3. the Mayor of London;
  4. the council of a London borough;
  5. a Mayoral development corporation;
  6. an urban development corporation;
  7. a housing action trust;
  8. the Council of the Isles of Scilly;
  9. the Broads Authority;
  10. a National Park authority in England;
  11. the Homes and Communities Agency; or
  12. a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.

Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application.
70A
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
Welsh Ministers have refused a similar application made to them under section
... 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.
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
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
or, if there has been such an appeal, it has been withdrawn
.
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;
aa
an application for permission in principle for the development of any land;
b
an application for approval in pursuance of
section 60(1A), (2)
, (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)
, (4) and (4B)
the refusal of the similar application;
b
for the purposes of subsection (3) the dismissal of the appeal.
8
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.
9
An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).

Power to decline to determine overlapping application
70B
1
A local planning authority may decline to determine an application for planning permission
, or permission in principle,
for the development of any land which is
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
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.
4A
A local planning authority in England may also decline to determine an application for planning permission
, 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
... 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.
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.

Power to decline to determine retrospective application
70C
1
A local planning authority
... may decline to determine an application for planning permission
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
or permission in principle
, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.

Power to decline to determine applications in cases of earlier non-implementation etc
70D
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.

Consultations in connection with determinations under s. 70.
71
1
A development order may provide that a local planning authority shall not determine an application for planning permission
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.
2ZA
In subsections (1) and (2) references to —
a
an application for consent, agreement or approval as mentioned in section 61DB(2),
and
b
an application for planning permission include references to an application for approval under section 61L(2)
, 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.
3A
Subsection (3) does not apply in relation to planning permission granted by
a Mayoral development order or
a neighbourhood development order.
4
In this section—
- “
prescribed
” means prescribed by a development order
- “site licence” means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site 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).

Decision notices: Wales
71ZA
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.

Notification of initiation of development and display of notice: Wales
71ZB
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.

Assessment of environmental effects.
71A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditional grant of planning permission.
72
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 or involving the depositing of refuse or waste materials, and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.
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.

Determination of applications to develop land without compliance with conditions previously attached.
73
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.
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.
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
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.
2E
Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).
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.
5
Planning permission must not be granted under this section
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.

Planning permission for development already carried out.
73A
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.

Directions etc. as to method of dealing with applications.
74
1
Provision may be made by a development order for regulating the manner in which applications for planning permission , 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 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 , or permission in principle, for development which does not accord with the provisions of the development plan;
c
for requiring that, before planning permission 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 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 or permission in principle made to the authority, including information as to the manner in which any such application has been dealt with.
1ZA
In subsection (1)—
a
in paragraph (c) the reference to planning permission for any development includes a reference to —
i
a consent, agreement or approval as mentioned in section 61DB(2),
and
ii
an approval under section 61L(2), and
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 —
i
applications for consent, agreement or approval as mentioned in section 61DB(2),
and
ii
applications for approvals under section 61L(2)
, 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).
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.
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
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
, 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
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
a direction given by virtue of paragraph (a)(ii).
...
1BA
In subsection (1B) “
prescribed
” means—
a
prescribed by a development order, or
b
specified in directions made under a development order by the Secretary of State or the Mayor of London.
1BB
Matters prescribed under subsection (1B) by a development order may be prescribed by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time.
1C
In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—
a
the development plan, and
b
the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
so far as material to the application.
2
Subsection (1) is subject to the provisions of . . . sections 67(7) and 73(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Deemed discharge of planning conditions
74A
1
The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies.
2
This section applies to a condition which—
a
has been imposed on the grant of planning permission for the development of land in England, and
b
requires the consent, agreement or approval of a local planning authority to any matter.
2A
But this section does not apply to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
3
Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given.
4
A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if—
a
a person (“
the applicant
”) has applied to the local planning authority for the consent, agreement or approval required by the condition,
b
the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and
c
the applicant has taken such further steps (if any) as are prescribed under subsection (5).
5
The Secretary of State may by development order make provision about the procedure for the deemed discharge of a planning condition and, in particular, provision—
a
allowing or requiring steps to be taken by the applicant or the local planning authority;
b
as to the time at which or period within which a step may or must be taken;
c
as to the time at which the deemed discharge takes effect (including for this to be determined by the applicant, subject to such limitations as may be prescribed);
d
for a time or period within paragraph (b) or (c) to be modified by agreement between the applicant and the local planning authority;
e
as to the form or content of any notice which may or must be given as part of the procedure, and as to the means by which it may or must be given.
6
The Secretary of State may by development order provide that provision for deemed discharge of a condition does not apply—
a
in relation to a condition of a prescribed description;
b
in relation to a condition imposed on the grant of planning permission of a prescribed description;
c
in relation to a condition imposed on the grant of planning permission for development of a prescribed description;
d
in other prescribed circumstances.
7
The power in subsection (6)(d) includes power to provide that provision for deemed discharge of a condition does not apply where an applicant for planning permission and the local planning authority to whom the application is made agree, before or after planning permission is granted, that it should not apply in relation to a condition imposed on the grant of permission.
8
The Secretary of State may by development order make provision for section 78(2) (appeals to the Secretary of State) not to apply, or to apply with modifications, where—
a
a person has applied for the consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission,
b
the local planning authority have not given notice to that person of their decision on the application within the period mentioned in section 78(2), and
c
the person has taken such further steps (if any) as are prescribed to bring about the deemed discharge of the planning condition.
9
A development order which makes provision for deemed discharge of a condition must limit the application of that provision to a condition imposed on the grant of planning permission following an application made after the development order comes into force.
10
In this section—
- “
condition
” includes a limitation;
- “
prescribed
” means prescribed by development order made by the Secretary of State.

Conditions relating to construction working hours
74B
1
This section applies where—
a
planning permission has been granted for the development of land in England, other than for the relevant development of a dwellinghouse, and
b
a condition has been imposed on the grant of that permission which specifies the times during which construction activities may be carried out.
2
This section also applies where—
a
planning permission has been granted for the development of land in England, other than for the relevant development of a dwellinghouse,
b
a condition has been imposed on the grant of that permission which requires the approval by a local planning authority of a document relating to the carrying out of the development,
c
the authority has approved a document of that kind, and
d
the document as approved (the “approved document”) specifies the times during which construction activities may be carried out.
3
A person with an interest in the land, or a person acting on behalf of such a person, may make an application to a local planning authority in whose area the land is situated for the condition or approved document to be modified in either or both of the ways specified in subsection (4).
4
Those ways are—
a
to allow construction activities to be carried out for a longer period on a particular day (which may be the whole of that day);
b
to allow construction activities to be carried out for the whole or part of a day on which they would not otherwise be allowed to be carried out.
5
The application must—
a
be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,
b
give sufficient information to enable the authority to identify the planning permission in respect of which it is made, and
c
give sufficient information to enable the authority to identify the condition or approved document in respect of which it is made.
6
The application must specify—
a
the date on which the application is sent,
b
the proposed modifications to the condition or approved document,
c
the date from which it is proposed the modifications should take effect,
d
the date at the end of which it is proposed the modifications should cease to have effect, and
e
the times which are specified in the condition or approved document as it has effect when the application is made as times during which construction activities may be carried out.
7
The date specified under subsection (6)(c) must not be earlier than the end of the period of 14 days beginning with the day after that on which the application is sent to the local planning authority.
8
The date specified under subsection (6)(d) must not be later than 1 April 2021.
9
In this section “relevant development of a dwellinghouse” means development—
a
of an existing dwellinghouse, or within the curtilage of an existing dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, and
b
which does not involve a change of use of the dwellinghouse or a change in the number of dwellings in a building.
10
For the purposes of subsection (9)—
- “dwellinghouse” does not include a building containing one or more flats or a flat contained within such a building;
- “flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally.

Effect of application under section 74B
74C
1
If a person makes an application in accordance with section 74B to a local planning authority, the authority may by notice in writing to the person—
a
modify the condition or approved document in accordance with the application,
b
refuse to modify the condition or approved document, or
c
make a determination about any of the matters specified in subsection (2).
2
Those matters are—
a
the modifications to be made to the condition or approved document, so far as it relates to the times during which construction activities are permitted to be carried out,
b
the date from which the modifications to the condition or approved document are to take effect, and
c
the date at the end of which the modifications to the condition or approved document are to cease to have effect.
3
The local planning authority may make a determination under subsection (1)(c) only if the person who made the application has agreed in writing to the terms of the determination.
4
A modification under subsection (2)(a) must not prohibit construction activities from being carried out at any time when they are permitted to be carried out under the condition or approved document as it had effect when the application was made.
5
A date determined under subsection (2)(c) must not be later than 1 April 2021.
6
Subsection (7) applies if the local planning authority does not give notice under subsection (1) before the end of the period of 14 days beginning with the day after that on which the application in accordance with section 74B was sent to the authority.
7
The condition or approved document to which the application relates is deemed to have been modified in accordance with the application.
8
If the local planning authority makes a determination under subsection (1)(c) about only some of the matters specified in subsection (2), the condition or approved document is deemed to have been modified in accordance with the application in respect of the other matters specified in subsection (2).

Sections 74B and 74C: supplementary
74D
1
In sections 74B and 74C and this section—
- “approved document” has the meaning given by section 74B(2)(d);
- “condition” includes limitation;
- “construction activities”, in relation to the development of land, means activities consisting of or relating to the carrying out of the development;
- “development” does not include mining operations in, on, over or under land.
2
References in sections 74B and 74C to construction activities include references to construction activities of a particular kind.
3
In calculating a period of 14 days for the purposes of section 74B(7) or 74C(6), no account is to be taken of a day which, apart from this subsection, would fall within that period and is—
a
Christmas Day,
b
Good Friday, or
c
a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England.
4
References in sections 74B and 74C to a condition or approved document include a condition or approved document as previously modified under section 74C.
5
A person who makes an application under section 74B is to be taken to have agreed—
a
to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and
b
that the person’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person’s application.
6
In discharging its functions under sections 74B and 74C, a local planning authority must have regard to guidance issued by the Secretary of State.

Effect of planning permission or permission in principle.
75
1
Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission or permission in principle, any grant of planning permission or permission in principle to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
2
Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
3
If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

Information about neighbourhood development plans
75ZB
1
This section applies where—
a
a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in principle, and
b
the proposed development is in an area for which a neighbourhood development plan (made under section 38A of the Planning and Compulsory Purchase Act 2004) is in force.
2
The report must—
a
set out how the plan was taken into account in making the recommendation, and
b
identify any points of conflict between the plan and the recommendation.

Applications made to the Welsh Ministers: applicable provisions

Provisions applying for purpose of applications made to the Welsh Ministers
75A
1
A development order may provide for an applicable enactment or requirement—
a
to apply, with or without modifications, to an application made to the Welsh Ministers under section
...
62M or 62O, or
b
not to apply to such an application.
2
For this purpose an applicable enactment or requirement, in relation to an application made to the Welsh Ministers under section
...
62M or 62O, is—
a
any provision of or made under this Act, or any other enactment, relating to applications of that kind when made to the relevant authority;
b
any requirements imposed by a development order in respect of applications of that kind when made to the relevant authority.
3
The “
relevant authority
”, in relation to an application made to the Welsh Ministers under section
...
62M or 62O, is the authority to which, but for the section in question, the application would have been made.

Duty to draw attention to certain provisions for benefit of disabled.
76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secretary of State’s powers as respects planning applications and decisions

Major infrastructure projects
76A
1
This section applies to—
a
an application for planning permission;
b
an application for the approval of a local planning authority required under a development order,
if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
2
The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
3
If the Secretary of State gives a direction under subsection (2) he may also direct that any application—
a
under or for the purposes of the planning Acts, and
b
which he thinks is connected with the application mentioned in subsection (1),
must also be referred to him instead of being dealt with by the local planning authority.
4
If the Secretary of State gives a direction under this section—
a
the application must be referred to him;
b
he must appoint an inspector to consider the application.
5
If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
a
be in such form and contain such matter as is prescribed by development order;
b
be submitted to the Secretary of State in accordance with such provision as is so prescribed.
6
For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
7
A direction under this section or section 76B may be varied or revoked by a subsequent direction.
8
The decision of the Secretary of State on any application referred to him under this section is final.
9
Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
10
The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
a
section 70;
b
section 72(1) and (5);
c
section 73;
d
section 73A.
11
A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
12
This section does not apply to an application which relates to the development of land in Wales.

Major infrastructure projects: inspectors
76B
1
This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
2
The Secretary of State may direct the lead inspector—
a
to consider such matters relating to the application as are prescribed;
b
to make recommendations to the Secretary of State on those matters.
3
After considering any recommendations of the lead inspector the Secretary of State may—
a
appoint such number of additional inspectors as he thinks appropriate;
b
direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
4
An additional inspector must—
a
comply with such directions as to procedural matters as the lead inspector gives;
b
report to the lead inspector on the matters he is appointed to consider.
5
A copy of directions given as mentioned in subsection (4)(a) must be given to—
a
the person who made the application;
b
the local planning authority;
c
any other person who requests it.
6
If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
7
In every case the lead inspector must report to the Secretary of State on—
a
his consideration of the application;
b
the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
8
The function of the lead inspector in pursuance of subsection (2)—
a
may be exercised from time to time;
b
includes making recommendations as to the number of additional inspectors required from time to time.
9
The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.

Provisions applying to applications made under section 62A
76C
1
Sections 62(3) and (4), 65(5), 70 to
70C
70D
, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.
2
Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1
, or by regulations under paragraph 14(3) or 16 of Schedule 7A,
may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.
2A
Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority.
2B
Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.
3
Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.

Deciding applications made under section 62A
76D
1
An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.
2
Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
a
revoke the person's appointment; and
b
appoint another person to determine the application instead.
3
A person appointed under this section to determine an application for planning permission
or permission in principle
made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.
4
Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.
5
Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
6
It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.
7
Where any enactment (other than this section and section 319A)—
a
refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or
b
refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.

Applications under section 62A: determination by Secretary of State
76E
1
The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.
2
Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
a
the person, if any, appointed under section 76D to determine the application concerned,
b
the applicant, and
c
the local planning authority.
3
Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
a
in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
b
subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.
4
The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
5
Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
a
the person, if any, previously appointed under section 76D to determine the application concerned,
b
the applicant, and
c
the local planning authority.
6
Where a direction is given under subsection (4) in relation to a direct application—
a
anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and
b
subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.

Reference of applications to Secretary of State.
77
1
The Secretary of State may give directions requiring applications for planning permission or permission in principle, or for the approval of any local planning authority required under a development order , a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.
2
A direction under this section—
a
may be given either to a particular local planning authority or to local planning authorities generally; and
b
may relate either to a particular application or to applications of a class specified in the direction.
3
Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
4
Subject to subsection (5)—
a
where an application for planning permission is referred to the Secretary of State under this section, sections 70, 72(1) and (5), 73 and 73A shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the local planning authority;
b
where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;
and
a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71
.
5
Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
6
Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.
6A
Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.
7
The decision of the Secretary of State on any application referred to him under this section shall be final.

Right to appeal against planning decisions and failure to take such decisions.
78
1
Where a local planning authority—
a
refuse an application for planning permission or grant it subject to conditions;
aa
refuse an application for permission in principle;
ab
refuse an application under section 74B (variation of condition relating to construction working hours);
ac
refuse an application under section 93B (extension of certain planning permissions in England: additional environmental approval);
ad
refuse an application under section 93F (outline planning permission: extension of limits for beginning development with additional environmental approval);
b
refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or
c
refuse an application for any approval of that authority required under a development order , a local development order or a neighbourhood development order or grant it subject to conditions,
the applicant may by notice appeal to the Secretary of State.
2
A person who has made such an application to the local planning authority may also appeal to the Secretary of State if the local planning authority have done none of the following—
a
given notice to the applicant of their decision on the application;
aa
given notice to the applicant that they have exercised their power under section 70A
or 70B
or 70C
or 70D
to decline to determine the application;
b
given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,
within such period as may be prescribed by the development order or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations) or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
3
Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A.
4
The time prescribed for the service of such a notice must not be less than—
a
28 days from the date of notification of the decision; or
b
in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
4A
A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.
4AA
An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—
a
the land to which the application relates is in Wales,
b
granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and
c
on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.
4AB
An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—
a
the land to which the application relates is in Wales,
b
an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and
c
on the determination of that appeal, the condition was not discharged under section 177.
4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4BA
Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.
4BB
A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
4C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of the application of sections 79(1) and (3), 253(2)(c), 266(1)(b) , 288(10)(b) , 319A(7)(b) and 319B(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Appeal made: functions of local planning authorities
78A
1
This section applies if a person who has made an application mentioned in section 78(1)(a)
or (aa)
appeals to the Secretary of State under section 78(2).
2
At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
3
If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
a
the appeal must be treated as an appeal under section 78(1) against the refusal;
b
the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
c
the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
4
If the local planning authority give notice as mentioned in subsection (2) that their decision is
to grant an application mentioned in section 78(1)(a)
subject to conditions the Secretary of State must give the person making the appeal the opportunity—
a
to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
b
to revise the grounds of the appeal;
c
to change any option the person has chosen relating to the procedure for the appeal.
5
The Secretary of State must not issue his decision on the appeal before the end of the additional period.
6
The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).

Determination of appeals.
79
1
On an appeal under section 78 the Secretary of State may—
a
allow or dismiss the appeal, or
b
reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
1A
On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.
1B
But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.
2
Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
3
Subsection (2) does not apply to—
a
an appeal referred to a Planning Inquiry Commission under section 101; or
b
an appeal against a decision of a local planning authority in England.
3A
Subsection (2) does not apply to an appeal to the Welsh Ministers.
4
Subject to subsection (2)—
a
sections 70, 72(1) and (5), 73 and 73A and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application within section 78(1)(a), (b) or (c) as they apply in relation to an application for planning permission which falls to be determined by the local planning authority;
b
section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;
and
a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71
.
5
The decision of the Secretary of State on such an appeal shall be final.
6
If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—
a
could not have been granted by the local planning authority; or
b
could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
6ZA
If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.
6A
If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
a
give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and
b
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
7
Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Simplified planning zones

Simplified planning zones.
82
1
A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
2
The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—
a
for development specified in the scheme, or
b
for development of any class so specified.
3
Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

Making of simplified planning zone schemes.
83
1
Every local planning authority shall consider, as soon as practicable after 2nd November 1987, the question for which part or parts of their area a simplified planning zone scheme is desirable, and then shall keep that question under review.
2
If as a result of their original consideration or of any such review a local planning authority decide that it is desirable to prepare a scheme for any part of their area they shall do so; and a local planning authority may at any time decide—
a
to make a simplified planning zone scheme, or
b
to alter a scheme adopted by them, or
c
with the consent of the Secretary of State, to alter a scheme approved by him.
3
Schedule 7 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.
3A
A simplified planning zone scheme for an area in Wales must be in general conformity with—
a
the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and
b
the strategic development plan for any
... area that includes all or part of the simplified planning zone (see
sections 60M and 60N
of that Act).
5
In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009

Simplified planning zone schemes: conditions and limitations on planning permission.
84
1
The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
a
conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and
b
conditions or limitations requiring the consent, agreement or approval of the local planning authority in relation to particular descriptions of permitted development.
2
Different conditions or limitations may be specified in a simplified planning zone scheme for different cases or classes of case.
3
Nothing in a simplified planning zone scheme shall affect the right of any person—
a
to do anything not amounting to development, or
b
to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.
4
No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
5
A simplified planning zone scheme may not disapply the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).

Duration of simplified planning zone scheme.
85
1
A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
2
When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.

Alteration of simplified planning zone scheme.
86
1
This section applies where alterations to a simplified planning zone scheme are adopted or approved.
2
The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.
3
The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
4
The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.
5
The adoption or approval of alterations providing for—
a
the exclusion of land from the simplified planning zone,
b
the withdrawal of planning permission, or
c
the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.
6
The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

Exclusion of certain descriptions of land or development.
87
1
The following descriptions of land may not be included in a simplified planning zone—
a
land in a National Park;
b
land in a conservation area;
c
land within the Broads;
d
land in an area designated under section 82 of the Countryside and Rights of Way Act 2000
as an area of outstanding natural beauty;
e
land identified in the development plan for the district as part of a green belt;
f
land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).
2
Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not operate to exclude it from
the zone.
3
The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
a
in relation to an area of land specified in the order or to areas of land of a description so specified, or
b
for development of a description specified in the order.
4
An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on
which the order comes into force, except in a case where the development authorised by the permission has been begun.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enterprise zone schemes

Planning permission for development in enterprise zones.
88
1
An order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.
2
The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.
3
Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none is specified, shall be unconditional.
3A
Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity gain condition).
4
Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation—
a
to a specified development; or
b
to a specified class of development; or
c
to a specified class of development in a specified area within the enterprise zone.
5
An enterprise zone authority shall not give a direction under subsection (4) unless—
a
they have submitted it to the Secretary of State, and
b
he has notified them that he approves of their giving it.
6
If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.
7
The Secretary of State may by regulations make provision as to—
a
the procedure for giving a direction under subsection (4); and
b
the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).
8
Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).
9
Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application ... or by a development order , a local development order or a neighbourhood development order).
10
Nothing in this section prejudices the right of any person to carry out development apart from this section.
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect on planning permission of modification or termination of scheme.
89
1
Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.
2
When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

Deemed planning permission

Development with government authorisation.
90
1
Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority or National Park authority, or by statutory undertakers who are not a local authority or National Park authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
2
On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State
or the Welsh Ministers
may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—
a
so much of the operation or change of use to which the consent relates as constitutes development;
b
any development ancillary to the operation or change of use to which the consent relates.
2ZA
On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State
or the Welsh Ministers
may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—
a
a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;
b
a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;
c
a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.
2A
On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes provision for development, the Secretary of State may direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
3
The provisions of this Act (except section 100ZA and Part XII) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 77 (so that section 71ZA applies as if references to the decision notice were to the direction).
4
For the purposes of this section development is authorised by a government department if—
a
any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
b
a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
c
consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
d
authority is given by the department—
i
for the borrowing of money for the purpose of the development, or
ii
for the application for that purpose of any money not otherwise so applicable; or
e
any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants;
and references in this section to the authorisation of a government department shall be construed accordingly.
5
In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.
6
In this section, references to England or Wales include—
a
waters adjacent to England or Wales up to the seaward limits of the territorial sea, and
b
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
7
In this section “
electric line
”, “
extension
”, “
generating station
” and “
Renewable Energy Zone
” have the same meanings as in Part 1 of the Electricity Act 1989.

Biodiversity gain

Biodiversity gain in England
90A
Schedule 7A (biodiversity gain in England) has effect.

Development progress reports

Condition relating to development progress reports in England
90B
1
This section applies where relevant planning permission is granted for relevant residential development in England.
2
The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period.
3
The first reporting period in relation to the development is to be a period—
a
beginning at a prescribed time or by reference to a prescribed event, and
b
during which the development is begun.
4
A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period.
5
A reporting period which is not the last reporting period is to be a period of 12 months.
6
The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under
subsection (9)
).
7
A “
development progress report
”, in relation to relevant residential development, means a report which sets out—
a
the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates,
b
the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and
c
such other information as may be prescribed in regulations under
subsection (9)
.
8
If relevant planning permission is granted without the condition required by
subsection (2)
, it is to be treated as having been granted subject to that condition.
9
The Secretary of State may by regulations make provision—
a
about the form and content of development progress reports;
b
about when and how development progress reports are to be provided to local planning authorities;
c
about who may or must provide development progress reports to local planning authorities;
d
about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with—
i
the relevant planning permission;
ii
a previous development progress report;
iii
any timescales specified in a commencement notice given under section 93G;
e
about when a condition under
subsection (2)
is to be treated as being discharged;
f
about when relevant residential development is to be treated as being completed for the purposes of this section.
10
In this section—
- “
relevant planning permission
” means planning permission other than—
  1. planning permission granted by a development order;
  2. planning permission granted for development carried out before the grant of that permission;
  3. planning permission granted for a limited period;
  4. planning permission granted by an enterprise zone scheme;
  5. planning permission granted by a simplified planning zone scheme;
- “
relevant residential development
” means development which—
  1. involves the creation of one or more dwellings, and
  2. is of a prescribed description.

Duration of planning permission

General condition limiting duration of planning permission.
91
1
Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—
a
the applicable period, beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or
b
such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.
2
The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.
3
If planning permission is granted without the condition required by subsection (1), it shall (subject to subsections (3ZA) and (3ZB)) be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of the applicable period, beginning with the date of the grant.
3ZA
Subsection (3ZB) applies if—
a
a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and
b
the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.
3ZB
The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.
3ZC
The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).
3ZD
References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.
3A
Subsection (3B) applies if any proceedings are begun to challenge the validity
, in respect of the development of land in England,
of a grant of planning permission or of a deemed grant of planning permission.
3B
The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.
3C
Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.
4
Nothing in this section applies—
a
to any planning permission granted by a development order , a local development order or a neighbourhood development order;
b
to any planning permission granted for development carried out before the grant of that permission;
c
to any planning permission granted for a limited period;
d
to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—
i
the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or
ii
the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;
e
to any planning permission granted by an enterprise zone scheme;
f
to any planning permission granted by a simplified planning zone scheme; or
g
to any outline planning permission, as defined by section 92.
5
The applicable period—
a
in relation to England, is three years;
b
in relation to Wales, is five years.

Outline planning permission.
92
1
In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority, the Welsh Ministers or the Secretary of State of matters not particularised in the application (“reserved matters”).
2
Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—
a
that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and
b
that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved;
c
that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—
i
the expiration of five years from the date of the grant of outline planning permission, or
ii
if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
3
If outline planning permission is granted without the conditions required by subsection (2), it shall (subject to subsections (3A) to (3D)) be deemed to have been granted subject to those conditions.
3A
If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.
3B
The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.
3C
If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.
3D
The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.
3E
The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.
4
The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods ... referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
5
They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) or (c) of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
6
In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.

Provisions supplementary to ss. 91 and 92.
93
1
The authority referred to in section 91(1)(b) or 92(4) is—
a
the local planning authority, the Welsh Ministers or the Secretary of State, in the case of planning permission granted by them,
b
in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and
c
in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.
2
For the purposes of section 92, a reserved matter shall be treated as finally approved—
a
when an application for approval is granted, or
b
in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.
3
Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.
4
In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—
a
development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and
b
an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

Extension of certain planning permissions: automatic extension
93A
1
This section applies in relation to relevant planning permission granted or deemed to be granted—
a
in relation to the development of land in England, and
b
subject to a condition which has the effect that the development to which the permission relates must be begun not later than a time falling within the period—
i
beginning with the day on which section 17 of the Business and Planning Act 2020 comes into force, and
ii
ending with 31 December 2020.
2
The condition is deemed to provide instead that the development to which the relevant planning permission relates must be begun not later than 1 May 2021.
3
The time by which the development to which the relevant planning permission relates must be begun is not to be extended (whether by section 91(3B) or otherwise) to a later time than that for the time being provided for in subsection (2).
4
The reference in subsection (1) to relevant planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified (whether by section 91(3B) or otherwise).

Extension of certain planning permissions: additional environmental approval
93B
1
This section applies in relation to relevant planning permission granted or deemed to be granted—
a
in relation to the development of land in England, and
b
subject to a condition which has the effect that the development to which the permission relates must be begun not later than a time falling within the period—
i
beginning with 23 March 2020, and
ii
ending with the day before that on which section 17 of the Business and Planning Act 2020 comes into force.
2
If an approval under this section (“an additional environmental approval”) is granted, or deemed to be granted, in relation to the relevant planning permission—
a
the condition is deemed to provide instead that the development to which the permission relates must be begun not later than 1 May 2021, and
b
the time by which the development must be begun is not to be extended (whether by section 91(3B) or otherwise) to a later time than that for the time being provided for in paragraph (a).
3
A person with an interest in the land or a person acting on behalf of such a person (“
the applicant
”) may make an application to a local planning authority in whose area the land is situated for an additional environmental approval in relation to the relevant planning permission.
4
The application must—
a
be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,
b
specify the date on which the application is sent,
c
give sufficient information to enable the authority to identify the relevant planning permission in respect of which it is made,
d
give sufficient information to enable the authority to identify the condition which would be affected by subsection (2)(a) if the additional environmental approval is granted, and
e
give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.
5
The local planning authority must, by notice in writing to the applicant, grant, or refuse to grant, the additional environmental approval in relation to the relevant planning permission before the end of the period of 28 days beginning with the day after that on which the application in accordance with subsection (4) was sent.
6
If the local planning authority fails to do so, the additional environmental approval is deemed to be granted in relation to the relevant planning permission.
7
The applicant and the local planning authority may agree in writing one or more extensions to the period mentioned in subsection (5), but the period may not be extended by a total of more than 21 days.
8
The local planning authority is to grant the additional environmental approval in relation to the relevant planning permission if and only if—
a
the EIA requirement is met, and
b
the habitats requirement is met.
9
The EIA requirement is met if, at the time the local planning authority is deciding the application—
a
no development to which the relevant planning permission relates is EIA development (within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571)), or
b
if any is—
i
a reasoned conclusion was reached and integrated, as mentioned in paragraph (1) of regulation 26 of those regulations, in relation to the permission, and
ii
in relation to that reasoned conclusion the authority is satisfied as mentioned in paragraph (2) of that regulation.
10
The habitats requirement is met where, if a decision were being taken as to whether to grant the relevant planning permission at the time the local planning authority is deciding the application—
a
regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) would not require an assessment to be carried out first of the implications of the development to which the permission relates for a European site or a European offshore marine site, or
b
regulation 63(1) of those regulations would require an assessment of the kind mentioned in paragraph (a) to be carried out first, but—
i
an assessment of that kind was carried out before the permission was granted or deemed to be granted,
ii
in accordance with regulation 63(5) and (6) of those regulations, it was ascertained, in light of the assessment, that the development to which the permission relates would not adversely affect the integrity of the European site or (as the case may be) the European offshore marine site, and
iii
the authority is satisfied that the assessment remains up to date.
11
An additional environmental approval may not be granted subject to any condition.
12
No additional environmental approval is to be granted or deemed to be granted after 31 December 2020, unless it is granted on an appeal in respect of which the notice under section 78(3) is served on or before that date.
13
A person who makes an application under this section is to be taken to have agreed—
a
to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and
b
that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's application.
14
In discharging its functions under this section, a local planning authority must have regard to any guidance issued by the Secretary of State.
15
The reference in subsection (1) to relevant planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 91(3B) or otherwise).
16
In this section “
European site
” and “
European offshore marine site
” have the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Interpretation of sections 93A and 93B
93C
In sections 93A and 93B “
relevant planning permission
” means any planning permission other than that which is—
a
granted by a development order, a local development order, a Mayoral development order or a neighbourhood development order,
b
granted by an enterprise zone scheme,
c
granted by a simplified planning zone scheme,
d
deemed to be granted under section 90 (development with government authorisation), or
e
outline planning permission (within the meaning given by section 92(1)).

Outline planning permission: automatic extension of time limits for application for approval
93D
1
This section applies in relation to outline planning permission granted or deemed to be granted—
a
in relation to the development of land in England, and
b
subject to a condition which has the effect that application for approval of a reserved matter must be made not later than a time falling within the period—
i
beginning with 23 March 2020, and
ii
ending with 31 December 2020.
2
The condition is deemed to provide instead that application for approval of that reserved matter must be made not later than 1 May 2021.
3
The time by which that application for approval must be made is not to be extended to a later time than that for the time being provided for in subsection (2).
4
The reference in subsection (1) to outline planning permission granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.
5
In this section “outline planning permission” and “reserved matter” have the meanings given by section 92(1).

Outline planning permission: automatic extension of certain time limits for beginning development
93E
1
This section applies in relation to outline planning permission granted or deemed to be granted—
a
in relation to the development of land in England, and
b
subject to a condition which has the effect that all or a part of the development to which the permission relates must be begun not later than a time falling within the period—
i
beginning with the day on which section 18 of the Business and Planning Act 2020 comes into force, and
ii
ending with 31 December 2020.
2
The condition is deemed to provide instead that the development or (as the case may be) the part of the development must be begun not later than 1 May 2021.
3
The time by which the development or (as the case may be) the part of the development must be begun is not to be extended to a later time than that for the time being provided for in subsection (2).
4
The reference in subsection (1) to outline planning permission granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.
5
In this section “
outline planning permission
” has the meaning given by section 92(1).

Outline planning permission: extension of limits for beginning development with additional environmental approval
93F
1
This section applies in relation to outline planning permission granted or deemed to be granted—
a
in relation to the development of land in England, and
b
subject to a condition which has the effect that all or a part of the development to which the permission relates must be begun not later than a time falling within the period—
i
beginning with 23 March 2020, and
ii
ending with the day before that on which section 18 of the Business and Planning Act 2020 comes into force.
2
If an approval under this section (“an additional environmental approval”) is granted, or deemed to be granted, in relation to the outline planning permission—
a
the condition is deemed to provide instead that the development or (as the case may be) the part of the development must be begun not later than 1 May 2021, and
b
the time by which the development or (as the case may be) the part of the development must be begun is not to be extended to a later time than that for the time being provided for in paragraph (a).
3
A person with an interest in the land or a person acting on behalf of such a person (“
the applicant
”) may make an application to a local planning authority in whose area the land is situated for an additional environmental approval in relation to the outline planning permission.
4
The application must—
a
be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,
b
specify the date on which the application is sent,
c
give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made,
d
give sufficient information to enable the authority to identify the condition which would be affected by subsection (2)(a) if the additional environmental approval is granted, and
e
give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.
5
The local planning authority must, by notice in writing to the applicant, grant, or refuse to grant, the additional environmental approval in relation to the outline planning permission before the end of the period of 28 days beginning with the day after that on which the application in accordance with subsection (4) was sent.
6
If the local planning authority fails to do so, the additional environmental approval is deemed to be granted in relation to the outline planning permission.
7
The applicant and the local planning authority may agree in writing one or more extensions to the period mentioned in subsection (5), but the period may not be extended by a total of more than 21 days.
8
The local planning authority is to grant the additional environmental approval in relation to the outline planning permission if and only if—
a
the EIA requirement is met, and
b
the habitats requirement is met.
9
The EIA requirement is met if, at the time the local planning authority is deciding the application—
a
no development to which the outline planning permission relates is EIA development (within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571)), or
b
if any is—
i
a reasoned conclusion was reached and integrated, as mentioned in paragraph (1) of regulation 26 of those regulations, in relation to the permission, and
ii
in relation to that reasoned conclusion the authority is satisfied as mentioned in paragraph (2) of that regulation.
10
The habitats requirement is met where, if a decision were being taken as to whether to grant the outline planning permission at the time the local planning authority is deciding the application—
a
regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) would not require an assessment to be carried out first of the implications of the development to which the permission relates for a European site or a European offshore marine site, or
b
regulation 63(1) of those regulations would require an assessment of the kind mentioned in paragraph (a) to be carried out first, but—
i
an assessment of that kind was carried out before the permission was granted or deemed to be granted,
ii
in accordance with regulation 63(5) and (6) of those regulations, it was ascertained, in light of the assessment, that the development to which the permission relates would not adversely affect the integrity of the European site or (as the case may be) the European offshore marine site, and
iii
the authority is satisfied that the assessment remains up to date.
11
An additional environmental approval may not be granted subject to any condition.
12
No additional environmental approval is to be granted or deemed to be granted after 31 December 2020, unless it is granted on an appeal in respect of which the notice under section 78(3) is served on or before that date.
13
A person who makes an application under this section is to be taken to have agreed—
a
to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and
b
that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's application.
14
In discharging its functions under this section, a local planning authority must have regard to any guidance issued by the Secretary of State.
15
The reference in subsection (1) to outline planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified.
16
In this section—
- “
European site
” and “
European offshore marine site
” have the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
- “
outline planning permission
” has the meaning given by section 92(1).

Commencement of development: England

Commencement notices
93G
1
This section applies where—
a
planning permission has been granted under section 70 or 73 for the development of any land in England, and
b
the development is of a prescribed description.
2
Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun.
3
Once a person has given a commencement notice, the person—
a
may give a further commencement notice substituting a new date for the date previously given, and
b
must do so if the development is not commenced on the date previously given.
4
A commencement notice must—
a
include such information as may be prescribed, and
b
be in such form and be given in such manner as may be prescribed.
5
Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection
(2)
or
(3)
(b)
, they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection
(4)
(a)
as the notice may specify.
6
In subsection
(5)
“
relevant person
” means—
a
the person to whom the requirements of subsection
(2)
or
(3)
(b)
applied, and
b
any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land.
7
A person on whom a notice under subsection
(5)
is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served.
8
It is a defence for a person charged with an offence under subsection
(7)
to prove that they had a reasonable excuse for failing to provide the information required.
9
A person guilty of an offence under subsection
(7)
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
10
When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of—
a
the requirements of subsections
(2)
and
(3)
(b)
, and
b
the consequences of non-compliance with those requirements.

Termination of planning permission: England

Completion notices
93H
1
This section applies where—
a
a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed,
b
development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone,
c
development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone,
d
a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or
e
a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed.
2
If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”).
3
The completion notice deadline must be—
a
at least 12 months after the completion notice was served, and
b
if the notice was served in a case within subsection
(1)
(a)
or
(d)
before the end of the period referred to in that provision, at least 12 months after the end of that period.
4
A completion notice must include—
a
prescribed information in relation to the right of appeal against the notice, and
b
any other prescribed information.
5
A completion notice must be served on—
a
the owner of the land,
b
if different, the occupier of the land, and
c
a person not falling within paragraph
(a)
or
(b)
with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice.
6
The local planning authority may withdraw a completion notice at any time before the completion notice deadline.
7
If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice.
8
If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice.

Appeals against completion notices
93I
1
Where a completion notice is served by a local planning authority under section
93H
, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)—
a
the owner of the land,
b
a person not within paragraph
(a)
with an interest in the land, and
c
a person who occupies the land by virtue of a licence.
2
An appeal may be brought on any of the following grounds—
a
that the appellant considers that the development will be completed within a reasonable period;
b
that the completion notice deadline is an unreasonable one;
c
that the notice was not served on the persons on whom it was required to be served under section
93H
(5)
.
3
The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section.
4
The regulations may in particular include provision—
a
as to the period within which an appeal must be brought;
b
as to how an appeal is made;
c
as to the information to be supplied by the appellant;
d
as to how a local planning authority must respond to an appeal and the information to be supplied by the authority;
e
for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development.
5
On an appeal under this section the Secretary of State may—
a
quash the completion notice,
b
vary the completion notice by substituting a later completion notice deadline, or
c
uphold the notice with the original completion notice deadline.
6
On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority.
7
If, on an appeal made on the ground referred to in subsection
(1)
(c)
, the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact.
8
Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.

Effect of completion notices
93J
1
The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section
93I
).
2
Where an appeal is brought under section
93H
the completion notice is of no effect pending the final determination or withdrawal of the appeal.
3
Subsection
(1)
does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline.

Termination of planning permission: Wales

Termination of planning permission by reference to time limit: completion notices in Wales.
94
1
This section applies where—
a
by virtue of section 91 or 92, a planning permission in relation to land in Wales is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed; or
b
development has been begun in accordance with planning permission under a simplified planning zone scheme in Wales but has not been completed by the time the area ceases to be a simplified planning zone; or
c
development has been begun in accordance with planning permission under an enterprise zone scheme in Wales but has not been completed by the time the area ceases to be an enterprise zone ; ...
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
3
The period so specified must not be less than 12 months after the notice takes effect.
4
A completion notice shall be served—
a
on the owner of the land,
b
on the occupier of the land, and
c
on any other person who in the opinion of the local planning authority will be affected by the notice.
5
The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
6
If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.

Effect of completion notice in Wales.
95
1
A completion notice served in respect of land in Wales shall not take effect unless and until it is confirmed by the Secretary of State.
2
In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
3
If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
4
If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).
5
Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.

Power of Secretary of State to serve completion notices in Wales.
96
1
If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in Wales, he may himself serve such a notice.
2
A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.
3
The Secretary of State shall not serve such a notice without consulting the local planning authority.

Non-material changes to planning permission

Power to make non-material changes to planning permission or permission in principle
96A
1
A local planning authority
... may make a change to any planning permission
, or any permission in principle (granted following an application to the authority),
relating to land in their area if they are satisfied that the change is not material.
2
In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission
or permission in principle
as originally granted.
3
The power conferred by subsection (1) includes power
to make a change to a planning permission
—
a
to impose new conditions;
b
to remove or alter existing conditions.
3A
The conditions referred to in subsection (3)(b) do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
3B
The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England).
4
The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission
or permission in principle
relates.
5
An application under subsection (4)
to a local planning authority in England
must be made in the form and manner prescribed by development order.
5A
A development order may provide that an application under subsection (4) to a local planning authority in Wales must be made—
a
in the form prescribed by the order or in a form published by the Welsh Ministers; and
b
in the manner prescribed by the order.
6
Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission
or permission in principle
relates.
7
The application may be made only in respect of so much of the planning permission
or permission in principle
as affects the land in which the person has an interest.
8
A local planning authority
in England
must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
9
A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection (4) (including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken).
10
For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land (or any mineral in, on or under it) the person—
a
is the estate owner of the fee simple;
b
is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;
c
is the mortgagee of any interest or estate in the land; or
d
is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972.

Revocation and modification of planning permission or permission in principle

Power to revoke or modify planning permission or permission in principle.
97
1
If it appears to the local planning authority that it is expedient to revoke or modify—
a
any permission (including permission in principle) to develop land granted on an application made under this Part
or, in relation to England, Part 13
, or
b
any permission in principle granted by a development order,
the authority may by order revoke or modify the permission to such extent as they consider expedient.
2
In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
3
The power conferred by this section may be exercised—
a
in the case of planning permission that relates to the carrying out of building or other operations, at any time before those operations have been completed;
b
in the case of planning permission that relates to a change of the use of any land, at any time before the change has taken place.
4
The revocation or modification of planning permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
5
References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, . . ..
6
Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—
a
consisting of the winning and working of minerals; or
b
involving the depositing of refuse or waste materials.
7
Subsection (1) does not permit the revocation or modification of the condition under paragraph 13 of Schedule 7A (the biodiversity gain condition), subject as follows.
8
The Secretary of State may by regulations make provision—
a
for the condition under paragraph 13 of Schedule 7A to apply in relation to the modification of planning permission under this section, subject to such modifications as may be specified in the regulations;
b
for planning permission modified under this section to be subject to other conditions relating to meeting the biodiversity gain objective referred to in paragraph 2 of Schedule 7A (including conditions of a kind referred to in paragraph 20(3) of that Schedule).
9
Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England).

Procedure for s. 97 orders: opposed cases.
98
1
Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.
2
Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
a
the owner of the land affected,
b
the occupier of the land affected, and
c
any other person who in their opinion will be affected by the order.
3
The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
4
If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.
5
The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
6
The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.

Procedure for s. 97 orders: unopposed cases.
99
1
This section applies where—
a
the local planning authority have made an order under section 97; and
b
the owner and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.
2
Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
a
the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and
b
the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.
3
The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).
4
The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
5
The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
6
The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.
7
If—
a
no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
b
the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).
8
This section does not apply—
a
to an order revoking or modifying a planning permission or permission in principle granted or deemed to have been granted by the Secretary of State or the Welsh Ministers under this Part or Part VII or by the Secretary of State under Part 13, or
b
to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.

Revocation and modification of planning permission or permission in principle by the Secretary of State.
100
1
If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.
2
Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
3
The Secretary of State shall not make such an order without consulting the local planning authority.
4
Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
5
The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
6
If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
7
The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.
8
Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

Power to impose conditions on grant of planning permission in England

Restrictions on power to impose planning conditions in England
100ZA
1
The Secretary of State may by regulations provide that—
a
conditions of a prescribed description may not be imposed in any circumstances on a relevant grant of planning permission for the development of land in England,
b
conditions of a prescribed description may be imposed on any such grant only in circumstances of a prescribed description, or
c
no conditions may be imposed on any such grant in circumstances of a prescribed description.
2
Regulations under subsection (1) may make provision only if (and in so far as) the Secretary of State is satisfied that the provision is appropriate for the purposes of ensuring that any condition imposed on a relevant grant of planning permission for the development of land in England is—
a
necessary to make the development acceptable in planning terms,
b
relevant to the development and to planning considerations generally,
c
sufficiently precise to make it capable of being complied with and enforced, and
d
reasonable in all other respects.
3
Before making regulations under subsection (1) the Secretary of State must carry out a public consultation.
4
Subsection (5) applies in relation to an application for a relevant grant of planning permission for the development of land in England.
5
Planning permission for the development of the land may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition.
6
But the requirement under subsection (5) for the applicant to agree to the terms of a pre-commencement condition does not apply in such circumstances as may be prescribed.
7
Before making regulations under subsection (6) the Secretary of State must carry out a public consultation.
8
“
Pre-commencement condition
” means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with—
a
before any building or other operation comprised in the development is begun, or
b
where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.
9
A power conferred by any provision of this Part
or Part 13
to impose a condition on a relevant grant of planning permission for the development of land in England is subject to—
a
regulations under subsection (1), and
b
subsection (5).
10
The Secretary of State must issue guidance to local planning authorities about the operation of this section and regulations made under it.
11
The Secretary of State may, from time to time, revise guidance issued under subsection (10).
12
The Secretary of State must arrange for guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
13
In this section—
a
references to a relevant grant of planning permission are to any grant of permission to develop land which is granted on an application made under this Part
or Part 13
;
b
references to a grant include the modification of any such grant;
c
references to a condition include a limitation
but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition)
,
and “
prescribed
” means prescribed by the Secretary of State.
Consultation
etc
in respect of certain applications relating to planning permission: Wales

Wales: consultation etc in respect of certain applications relating to planning permission
100A
1
A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.
2
If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.
3
That response must be given before the end of—
a
a period specified in a development order, or
b
if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.
4
A development order may make provision—
a
about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;
b
about the requirements of a substantive response;
c
requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).
5
An application is within this subsection if it is—
a
an application for approval of reserved matters (within the meaning of section 92);
b
an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;
c
an application under section 96A(4) (non-material changes to planning permission).
6
References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.
7
The original application, in relation to a relevant application, is—
a
in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;
b
in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.

References to Planning Inquiry Commission

Power to refer certain planning questions to Planning Inquiry Commission.
101
1
The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).
2
The matters that may be referred to a Planning Inquiry Commission are—
a
an application for planning permission which the Secretary of State has under section 77 directed to be referred to him instead of being dealt with by a local planning authority;
b
an appeal under section 78 (including that section as applied by or under any other provision of this Act);
c
a proposal that a government department should give a direction under section 90(1) that planning permission shall be deemed to be granted for development by a local authority or National Park authority or by statutory undertakers which is required by any enactment to be authorised by that department;
d
a proposal that development should be carried out by or on behalf of a government department.
3
Any of those matters may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—
a
that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;
b
that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
4
Part I of Schedule 8 shall have effect as respects the constitution of any such commission and its functions and procedure on references to it under this section, and the references in subsection (3) and in that Schedule to “the responsible Minister or Ministers” shall be construed in accordance with Part II of that Schedule.
5
In relation to any matter affecting both England and Wales, the functions of the Secretary of State under subsection (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly.

Other controls over development

Orders requiring discontinuance of use or alteration or removal of buildings or works.
102
1
If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the
proper planning of their area (including the interests of amenity)—
a
that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or
b
that any buildings or works should be altered or removed,
they may by order—
i
require the discontinuance of that use, or
ii
impose such conditions as may be specified in the order on the continuance of it, or
iii
require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,
as the case may be.
2
An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the
order.
2A
Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.
3
Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local
planning authority on an application made under this Part.
4
The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for
development carried out before the date on which the order was submitted to the Secretary of State under section 103.
5
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.
6
Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning
authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision
of such accommodation in advance of the displacement.
7
Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections
91(1)(b) and 92(4) is the local planning authority making the order.
8
The previous provisions of this section do not apply to the use of any land for development consisting of the winning and
working of minerals or involving the depositing of refuse or waste materials except as provided in Schedule 9, and that Schedule shall
have effect for the purpose of making provision as respects land which is or has been so used.

Confirmation by Secretary of State of s. 102 orders.
103
1
An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he
considers expedient.
2
The power of the Secretary of State under this section to confirm an order subject to modifications includes power—
a
to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;
b
to include in the order any grant of planning permission which might have been included in the order as submitted to him.
3
Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—
a
on the owner of the land affected,
b
on the occupier of that land, and
c
on any other person who in their opinion will be affected by the order.
4
The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being
heard by, a person appointed by the Secretary of State for the purpose.
5
If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning
authority.
6
The period referred to in subsection (4) must not be less than 28 days from the service of the notice.
7
Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the
land to which the order relates.
8
Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in
sections 91(1)(b) and 92(4).

Power of the Secretary of State to make s. 102 orders.
104
1
If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.
2
Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of
State.
3
The Secretary of State shall not make such an order without consulting the local planning authority.
4
Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
5
The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State
for the purpose.
6
If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
7
The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.
8
The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning
authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary
modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

Planning obligations.
106
1
Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A
to 106C
, Schedule 7A
as “
a planning obligation
”), enforceable to the extent mentioned in subsection (3)—
a
restricting the development or use of the land in any specified way;
b
requiring specified operations or activities to be carried out in, on, under or over the land;
c
requiring the land to be used in any specified way; or
d
requiring a sum or sums to be paid to the authority
(or, in a case where section 2E applies, to the Greater London Authority)
on a specified date or dates or periodically.
1A
In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.
1B
In the case of an infrastructure consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Infrastructure (Wales) Act 2024.
2
A planning obligation may—
a
be unconditional or subject to conditions;
b
impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and
c
if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.
3
Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—
a
against the person entering into the obligation; and
b
against any person deriving title from that person.
4
The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.
5
A restriction or requirement imposed under a planning obligation is enforceable by injunction.
6
Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—
a
enter the land and carry out the operations; and
b
recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.
7
Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.
8
Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9
A planning obligation may not be entered into except by an instrument executed as a deed which—
a
states that the obligation is a planning obligation for the purposes of this section;
aa
if the obligation is a development consent obligation, contains a statement to that effect;
ab
if the obligation is an infrastructure consent obligation, contains a statement to that effect;
b
identifies the land in which the person entering into the obligation is interested;
c
identifies the person entering into the obligation and states what his interest in the land is; and
d
identifies the local planning authority by whom the obligation is enforceable.
and, in a case where section 2E applies, identifies the Mayor of London as an authority by whom the obligation is also enforceable
10
A copy of any such instrument shall be given to the
authority so identified
local planning authority so identified and, in a case where section 2E applies, to the Mayor of London
.
11
A planning obligation shall be a local land charge and for the purposes of the
Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.
12
Regulations may provide for the charging on the land of—
a
any sum or sums required to be paid under a planning obligation; and
b
any expenses recoverable by a local planning authority
or the Mayor of London
under subsection (6)(b),
and this section and sections 106A
to 106BC
shall have effect subject to any such regulations.
13
In this section “
specified
” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “
land
” has the same meaning as in the
Local Land Charges Act 1975.
14
In this section and section 106A “
development consent obligation
” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.
15
In this section and section 106A “infrastructure consent obligation means a planning obligation entered into in connection with an application (or a proposed application) for an infrastructure consent order.

Modification and discharge of planning obligations.
106A
1
A planning obligation may not be modified or discharged except—
a
by agreement between
the authority by whom the obligation is enforceable
the appropriate authority (see subsection (11))
and the person or persons against whom the obligation is enforceable; or
b
in accordance with —
i
this section and section 106B
, or
ii
sections 106BA and 106BC.
2
An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.
3
A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to
the local planning authority by whom the obligation is enforceable
the appropriate authority
for the obligation—
a
to have effect subject to such modifications as may be specified in the application; or
b
to be discharged.
4
In subsection (3) “
the relevant period
” means—
a
such period as may be prescribed; or
b
if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.
5
An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.
6
Where an application is made to an authority under subsection (3), the authority may determine—
a
that the planning obligation shall continue to have effect without modification;
b
if the obligation no longer serves a useful purpose, that it shall be discharged; or
c
if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
6A
Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
a
prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
b
give rise to a significant risk of that objective not being met in relation to any development.
7
The authority shall give notice of their determination to the applicant within such period as may be prescribed.
8
Where an authority determine
under this section
that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
9
Regulations may make provision with respect to—
a
the form and content of applications under subsection (3);
b
the publication of notices of such applications;
c
the procedures for considering any representations made with respect to such applications; and
d
the notices to be given to applicants of determinations under subsection (6).
10
Section 84 of the
Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
11
In this section “
the appropriate authority
” means—
a
the Mayor of London, in the case of any planning obligation enforceable by him;
zaa
the Welsh Ministers, in the case of any infrastructure consent obligation;
aa
the Secretary of State, in the case of any development consent obligation ...;
ab. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the case of any other planning obligation, the local planning authority by whom it is enforceable.
12
The Mayor of London must consult the local planning authority before exercising any function under this section.

Appeals in relation to applications under section 106A.
106B
1
Where
an authority
—
(other than the Secretary of State
or the Welsh Ministers
...)
a
fail to give notice as mentioned in section 106A(7); or
b
determine
under section 106A
that a planning obligation shall continue to have effect without modification,
the applicant may appeal to the Secretary of State.
2
For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.
3
An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.
4
Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.
5
Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
6
The determination of an appeal by the Secretary of State under this section shall be final.
7
Schedule 6 applies to appeals under this section.
8
In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.

Modification or discharge of affordable housing requirements
106BA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to notify the Mayor of London of certain applications under section 106BA
106BB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals in relation to applications under section 106BA
106BC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal challenges relating to development consent obligations
106C
1
A court may entertain proceedings for questioning a failure by the Secretary of State ... to give notice as mentioned in section 106A(7) or 106BA(9) 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 the day after the day on which the period prescribed under section 106A(7) or 106BA(9) ends.
1A
If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with
the day after
the expiry of the period mentioned in that subsection that applies in the applicant's case.
2
A court may entertain proceedings for questioning a determination by the Secretary of State ... that a planning obligation shall continue to have effect without modification 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 the day after the day on which notice of the determination is given under section 106A(7) or 106BA(9).
3
A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application 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
the day after
the day on which notice of the determination is given under section 106BA(9).

Legal challenges relating to infrastructure consent obligations
106D
1
This section applies where an application has been made to the Welsh Ministers under section 106A.
2
A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) 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 the day after the day on which the period prescribed under section 106A(7) ends.
3
A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification 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 the day after the day on which notice of the determination is given under section 106A(7).
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)
S. 55(2)(f); s. 55(2)(f) (with s. 333(7)) power exercised (5.7.1991) by S.I. 1991/1567
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)
Words in s. 55(2)(b) inserted (14.3.1999) by S.I. 1999/293, reg. 35(1)7
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)
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)
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
S. 56 applied (with modifications) (3.11.1995) by S.I. 1995/2863, reg. 3, Sch.
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)
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)
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)
S. 58(1)(b) excluded (17.12.1996) by 1996 c. ix, s. 10(d)
1980 c. 65.
S. 59: power previously exercised by S.I. 1990/2032
S. 59: s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536
S. 60 power previously exercised by S.I. 1990/2032
S. 60(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536
S. 61(1): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536
1980 c. 66.
1959 c. 25.
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)
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))
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
Words in s. 65(2) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 35(2) (with s. 37)
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
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
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)
1980 c. 43.
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
1991 c. 34.
S. 65 substituted (25.11.1991 for certain purposes and otherwise 17.7.1992) for ss. 65-68 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
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
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
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
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
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
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
1990 c. 9.
1976 c. 83.
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))
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
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
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
1960 c. 62.
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
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
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)
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
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
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)
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
S. 74(1A) inserted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 19(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 5)
S. 74(1B)(1C) inserted (12.1.2000) by 1999 c. 29, s. 244(9) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
Words in s. 74(2) repealed (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 17, Sch. 19, Pt. I (with s. 84(5)); S.I. 1992/1491, art. 2, Schs. 1, 2
1990 c. 9.
S. 75 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I
S. 75 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II
S. 77 extended (3.11.1994) by 1994 c. 33, ss. 80(3), 172(4)
Words in s. 77(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.18 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5) and S.I. 1992/1491, art.2, Sch.1
Words in s. 77(4) inserted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 18 (with s. 84(5)); S.I. 1992/1491, art. 2, Sch.1
S. 77(5) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)
S. 78 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6
S. 78 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V
S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I
S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II
S. 78 restricted (18.12.1996) by 1996 c. 61, s. 9(5), Sch. 6 Pt. IV para. 33
Words in s. 78(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 78(2)(aa) substituted (25.9.1991) for 'nor' by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
Ss. 78, 79 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6
Ss. 78, 79 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V
S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I
S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II
S. 79(2) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)
Words in s. 79(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 19 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art .5); S.I. 1992/1491, art. 2, Sch. 1
Words at end of s. 79(4) inserted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 19 (with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1
S. 79(6A) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 18 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
S. 80 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 11, Sch. 19, Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 81 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 11, Sch. 19, Pt.II; S.I. 1991/2067, art.3 (subject to art. 4)
Words in s. 87(1)(d) substituted (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 10; S.I. 2001/114, art. 2(2)(e)
S. 87(1)(f) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 7
1980 c.65.
Words in s. 90(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
S. 90(2A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 16(1); S.I. 1992/2784, art. 2, Sch. 1.
Word in s. 90(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31, Sch. 6 para. 12 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
S. 91 excluded (5.11.1993) by 1993 c. 42, s. 24(2) (with ss. 2, 30(1), Sch. 2 para.9)
S. 91 excluded (18.12.1996) by 1996 c. 61, s. 10(4)
Words in s. 91(4)(b) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.20 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1
S. 91(4)(d) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 3; S.I. 1991/2067, art. 3 (subject to art. 4)
S. 92: 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
S. 94 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 10(5)(6)
S. 94(2): 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
S. 95(2) modified (18.12.1996) by 1996 c. 61, s. 10(6)
Words in s. 97(5) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 4, Sch. 19, Pt.I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch.1 (subject to art. 4)
S. 97(6) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.4 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
S. 100(8) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.5 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
Words in s. 101(2)(c) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
S. 102: 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
S. 102(4)(5) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.21 (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)
Words in s. 102(8) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 6 (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)
Ss. 106-106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1) (with s. 84(5)); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art. 2; S.I. 1992/2831, art. 2
S. 106 modified (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 para. 15(2)(b) (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 6(3), Sch. 5
S. 106: 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
1975 c. 76.
1975 c. 76.
S. 106- 106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art. 2; S.I. 1992/2831, art. 2
1925 c. 20.
Ss. 106-106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art.2; S.I. 1992/2831, art. 2
S. 105 repealed (1.11.1995) by 1995 c. 25, ss. 96(4), 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
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
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)
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
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)
S. 76 omitted (6.8.2004) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 4 (with s. 111); S.I. 2004/2097, art. 2 and said section repealed (10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2006/1061, art. 3; S.I. 2007/1369, art. 2
S. 78 applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 5(3) (with s. 111); S.I. 2006/1281, art. 2
Words in s. 78(2)(aa) inserted (6.4.2009 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(2), 121 (with s. 111); S.I. 2009/384, art. 2
S. 74(1B)(a) excluded (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 5(4)(a), 40
Ss. 76A, 76B inserted (6.8.2004 for certain purposes, 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 44, 121; S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)
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)
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}
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
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
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)
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))
Words in s. 106(1)(d) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(2), 59; S.I. 2008/582, art. 2(a)
Words in s. 106(9)(d) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(3), 59; S.I. 2008/582, art. 2(a)
Words in s. 106(10) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(4), 59; S.I. 2008/582, art. 2(a)
Words in s. 106(12)(b) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 33(5), 59; S.I. 2008/582, art. 2(a)
Words in s. 106A(1)(a) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(2), 59; S.I. 2008/582, art. 2(a)
Words in s. 106A(3) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(3), 59; S.I. 2008/582, art. 2(a)
S. 106(11)(12) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(4), 59; S.I. 2008/582, art. 2(a)
Words in s. 106B(1) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(6), 59; S.I. 2008/582, art. 2(a)
S. 106B(8) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(7), 59; S.I. 2008/582, art. 2(a)
S. 77 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2004/783), reg. 10
Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)
Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)
Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
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)
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.
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
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)
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)
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)
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
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
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
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
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
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
S. 78 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 10, Sch. 7 para. 31
S. 78 applied (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 49, Sch. 16 para. 2(7)
S. 78(4A)-(4D) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 2 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)
Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(a) (with s. 226); S.I. 2009/400, art. 3
S. 79(3) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 4 (with s. 226); S.I. 2009/400, art. 3
S. 91 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 11(4)
S. 96A and cross-heading inserted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(2), 241 (with s. 226); S.I. 2009/2260, art. 3
S. 106(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(a), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
S. 106(9)(aa) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(b), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
S. 106(14) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(2)(c), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
S. 106A(11)(aa)(ab) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(3), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
Words in s. 106B(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(4), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(b) (with s. 226); S.I. 2009/400, art. 3
S. 83(5) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 85, 148, 149, Sch. 5 para. 2(3); S.I. 2009/3318, art. 4
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)
Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
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
S. 90A and cross-heading inserted (3.11.2023 for specified purposes, 12.2.2024 for specified purposes, 1.5.2025 for specified purposes) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 1 (with s. 144); S.I. 2023/1170, reg. 2(d); S.I. 2024/44, reg. 2(1)(d)(2) (with regs. 3, 4); S.I. 2025/447, reg. 2(1)(b)(2)
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)
Words in s. 92(4) 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. 36(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
Ss. 78, 79 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 6(1)(a) (with arts. 40, 41)
S. 79 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 40(1)(a)
Words in s. 70(1)(a) inserted (W.) (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)
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)
S. 78(4B)-(4D) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(2)
S. 79 applied (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 32(a) (with arts. 37, 38)
Words in s. 93(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. 11; S.I. 2016/52, art. 3(e)
S. 74(1ZA) 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. 9; 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. 106BB repealed (1.5.2016) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(4), 35(2)
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)
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)
S. 88(3A) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(9) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
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))
Words in s. 106B heading inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(2)
Ss. 78, 79 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 9(1) (with arts. 9(3), 35, 36)
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)
Words in s. 100ZA(13)(a) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(8)(b)
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)
Words in s. 74(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(a); S.I. 2016/733, reg. 3(d)
S. 78 applied (with modifications) (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 4(1)(a)
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)
Words in s. 88(9) 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. 12; 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
S. 78 applied (in part) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 7(1)(a) (with art. 35(2))
S. 74(1BA)(1BB) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(3), 216(1)(d)
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
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)
Words in s. 96(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 6(b) (with s. 247)
Ss. 93A-93C inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 17(2), 25(3)(b) (with s. 17(6))
Words in s. 90(2) inserted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(13), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
Words in s. 97(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(5); S.I. 2016/733, reg. 3(d)
S. 78 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 40(1)(a)
S. 79 applied (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 37 (with arts. 27(2), 39, Sch. 10 para. 4)
S. 82(2) restricted (31.7.2013) by The East Northamptonshire Resource Management Facility Order 2013 (S.I. 2013/1752), arts. 1, 6(1)
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)
S. 78A inserted (6.8.2004 for specified purposes, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 50(1), s. 121(1)-(3) (with ss. 50(3), 111); S.I. 2004/2097, art. 2; S.I. 2015/340, art. 2(b)
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)
Words in s. 90(3) 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(3), 58(2)(b)(4)(b); S.I. 2016/52, arts. 3(b), 5(b) (with art. 12)
Words in s. 91(3) substituted (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(3)(b), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
Words in s. 75 heading 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(3)(a)
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)
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)
Ss. 78, 79 applied (31.7.2013) by The East Northamptonshire Resource Management Facility Order 2013 (S.I. 2013/1752), arts. 1, 5(1)(a)
Ss. 78, 79 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 38(2) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
Words in s. 92(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. 36(6), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
S. 82(2) restricted (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 47 (with arts. 18, 35, Sch. 9)
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)
S. 106 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 43(2) (with arts. 51, 53)
S. 74(1ZA)(a)(iii) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(10)(a)(ii) (with s. 247); S.I. 2024/92, reg. 2(q)
Words in s. 96A(3) 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(4)(d)
Words in s. 100 heading 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(5)
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)
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)
S. 57(2) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 58(4), 64(1)
S. 96A(3B) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(7), 255(3) (with s. 247)
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))
Words in s. 106B(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
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)
Words in s. 78(2)(aa) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 113(5), 255(3) (with s. 247)
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))
Words in s. 96A(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(4)(c)
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)
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)
S. 79 applied (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 45(1)(b) (with art. 34(2))
Words in s. 106(1) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 3(2)
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)
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)
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)
S. 97(7)(8) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(11) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
S. 79 applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 6(1)(a) (with arts. 40, 41, Sch. 12)
S. 91(3ZA)-(3ZD) 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(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
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))
S. 96A(5A) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 2(4)
S. 79 modified (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(3) (with arts. 37, 38, Sch. 9 para. 19)
S. 59(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 5
S. 91 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 21(4), 70(1)
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
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
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)
Words in s. 74(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)
Words in s. 97 cross-heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 24; S.I. 2016/733, reg. 3(d)
Words in s. 99(8)(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. 12; S.I. 2016/52, art. 3(e)
S. 79(3A) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 4
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)
Words in s. 100ZA(9) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(8)(a)
Words in s. 78(5) substituted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 3
Words in s. 79(4) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 23(2)(b); S.I. 2016/733, reg. 3(d)
S. 79 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), art. 33
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)
Words in s. 94(1)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(b) (with s. 247)
Words in s. 74(1B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(3)(a); S.I. 2016/733, reg. 3(d)
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))
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
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)
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)
S. 62A(2) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(3), 216(2)(c)
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)
Words in s. 91(3A) 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(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
Words in s. 106C(1A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
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)
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)
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)
Words in s. 106C(2) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(4)
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)
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)
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)
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)
S. 78(1) applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(2) (with arts. 37, 38, Sch. 9 para. 19)
Words in s. 97 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(2); S.I. 2016/733, reg. 3(d)
S. 78 applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 6(1)(a) (with arts. 40, 41, Sch. 12)
Words in s. 70(3) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 72 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Words in s. 91(4)(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. 13; 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
Words in s. 59A(13) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(4)
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)
S. 106C(1A) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(3)
Words in s. 79(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 23(2)(c); S.I. 2016/733, reg. 3(d)
Words in s. 74(1B)(c) substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(2)(b), 216(1)(d)
Ss. 74B-74D inserted (temp.) (28.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 16(1), 25(3)(a) (with s. 16(6))
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)
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)
S. 78 applied (13.3.2013) by The Brechfa Forest West Wind Farm Order 2013 (S.I. 2013/586), arts. 1, 4(1)
Words in s. 106C(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
S. 91(3A)(3B) applied (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 60 (with arts. 48, 59, Sch. 14)
S. 74(1ZA)(b)(iii) 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(10)(b)(ii) (with s. 247); S.I. 2024/92, reg. 2(q)
Words in s. 96A(1) 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(4)(b)
S. 78 modified (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(3) (with arts. 37, 38, Sch. 9 para. 19)
S. 57(2) applied (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 8(1) (with art. 40, Sch. 14)
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)
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)
Words in s. 92(1) 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. 10; S.I. 2016/52, art. 3(e)
Ss. 78, 79 modified (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(3)
Words in s. 106A(11)(aa) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(2)(a), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
S. 79 applied (with modifications) (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 4(1)(a)
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
S. 78(1)(ac) inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 17(3), 25(3)(b) (with s. 17(6))
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)
Words in s. 97(1)(a) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(6)
Words in s. 99(8)(a) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(7)
S. 57(2) applied (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), arts. 1, 7(2) (with arts. 4, 9, 51, Sch. 9)
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)
Words in s. 96A(8) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 2(5)
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)
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)
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)
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)
S. 79 applied (with modifications) (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), art. 1, Sch. 7 para. 5(2) (with art. 31)
Words in s. 94(1)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(a) (with s. 247)
S. 78 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. 1, 4, 5 (as amended (W.) (5.5.2017) by The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) Regulations 2017 (S.I. 2017/553), regs. 1(1), 2(3)-(5) (with reg. 3))
S. 78 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)
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)
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
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)
Words in s. 78(2)(aa) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(3), 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)
Words in s. 106B(1)(b) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(3)
S. 79 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)
S. 78 restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 17 para. 23(10)
S. 90(2A) modified (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 32
S. 91 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 18(4), 64(1)
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)
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))
Words in s. 106(1) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(13) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)
Words in s. 74(1)(f) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)
S. 78(1) applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(2)
Ss. 76C-76E 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. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2
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)
Words in s. 83(3A)(b) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 24(a)
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
Words in s. 90(3) inserted (1.10.2018) by Neighbourhood Planning Act 2017 (c. 20), s. 46(1), Sch. 3 para. 5; S.I. 2018/567, reg. 3(b)
Words in s. 94(1)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(b) (with s. 247)
S. 106BA repealed (1.5.2016) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(4), 35(2)
S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I (as amended (W.) (5.5.2017) by The Town and Country Planning (Trees) (Amendment) (Wales) Regulations 2017 (S.I. 2017/548), regs. 1(1), 2(2)(b) (with reg. 3))
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)
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)
Word in s. 74(1ZA)(b)(i) 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(10)(b)(i) (with s. 247); S.I. 2024/92, reg. 2(q)
Word in s. 61W(6)(a) substituted (26.12.2023 for specified purposes, 1.5.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 2 (with s. 247); S.I. 2025/430, reg. 2(b)
Words in s. 74(1)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(c); S.I. 2016/733, reg. 3(d)
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)
S. 78(1)(ad) inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 18(3), 25(3)(b) (with s. 18(6))
Ss. 78, 79 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 45(4)(a)
Words in s. 74(1B) omitted (12.5.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 149(2)(c), 216(1)(d)
Words in s. 90(2ZA) inserted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(13), 71(4) (with Sch. 7 paras. 1, 6, 8, 9); S.I. 2017/1179, regs. 3(h), 5(a)
Words in s. 74(1B)(c) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(3)(b); S.I. 2016/733, reg. 3(d)
Words in s. 96A(5) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 2(3)
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)
Words in s. 78A(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 22(2); S.I. 2016/733, reg. 3(d)
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)
S. 78 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)
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
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)
Word in s. 76C(1) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 113(4), 255(3) (with s. 247)
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)
S. 78 applied (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 32(a) (with arts. 37, 38)
S. 94(1)(d) and word 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. 14; 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
Words in s. 77(1) 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. 10; 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
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)
S. 75A and cross-heading inserted (W.) (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. 7; S.I. 2016/52, art. 3(e)
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)
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
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)
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)
S. 91(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(6), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
Words in s. 97(3)(a)(b) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(4); S.I. 2016/733, reg. 3(d)
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)
S. 78 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)
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)
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)
S. 92(3A)-(3E) 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. 36(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
S. 60(1A) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(1), 216(1)(d)
S. 78 applied (with modifications) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 38(1) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
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)
S. 100A 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. 37, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b)
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))
S. 90(5)(6)(7) substituted for s. 90(5) (31.7.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 21(3), 35(1); S.I. 2013/1488, art. 5(b)
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)
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)
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)
Words in s. 106C(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(2)
Words in s. 106C(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(a)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
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)
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)
S. 78(1)(aa) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 21; S.I. 2016/733, reg. 3(d)
S. 70(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(4), 240(1)(i) (with ss. 143(5), 144)
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)
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)
Words in s. 96A(2) 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(4)(c)
Ss. 78, 79 applied (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 42(1)(a) (with art. 37)
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)
S. 78 applied (with modifications) (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), art. 1, Sch. 7 para. 5(2) (with art. 31)
S. 94(1)(d) and word omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(3)(c) (with s. 247)
S. 82(2) restricted (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 34(1) (with art. 34(3))
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)
Words in s. 96 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 6(a) (with s. 247)
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)
S. 78 applied in part (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 37 (with arts. 27(2), 39, Sch. 10 para. 4)
S. 91(3A)-(3C) inserted (24.8.2005 for E., 22.6.2015 for W. for specified purposes) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 51(1)(b), s. 121(1)-(3) (with ss. 51(6), 111); S.I. 2005/2081, art. 2(c); S.I. 2015/340, art. 3
Words in s. 77(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 20(3)(b); S.I. 2016/733, reg. 3(d)
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)
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)
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)
S. 70(2A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(3), 240(1)(i) (with ss. 143(5), 144)
S. 78(1) applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 34(1) (with arts. 34(3), 36, 37, Sch. 8 para. 34)
Words in s. 78(1)(c) 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. 11; 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
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)
Words in s. 77(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 20(2); S.I. 2016/733, reg. 3(d)
Word in s. 106A(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(2)(a)
S. 92(2)(b)(c) substituted for s. 92(2)(b) (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. 36(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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))
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)
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)
Words in s. 92(3) 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. 36(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
S. 62A(1)(a)(b) substituted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(1), 216(2)(c)
S. 79 applied (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 9(1)(a) (with arts. 38, 39)
S. 77(6A) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 2
S. 96A(3A) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(10) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
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))
S. 79 applied (with modifications) (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 8 (with art. 24(2), Sch. 6 para. 3)
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)
S. 78 applied (with modifications) (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 4(1)(a)
S. 79 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. 1, 4, 5 (as amended (W.) (5.5.2017) by The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) Regulations 2017 (S.I. 2017/553), regs. 1(1), 2(3)-(5) (with reg. 3))
Words in s. 76C(2) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(7) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
S. 70(2ZZA)-(2ZZC) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(3)(b), 216(2)(c)
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)
S. 78(1) applied (with modifications) (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 43 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)
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)
S. 79 applied (13.3.2013) by The Brechfa Forest West Wind Farm Order 2013 (S.I. 2013/586), arts. 1, 4(1)
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)
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)
Ss. 78, 79 modified (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 34(2) (with arts. 34(3), 36, 37, Sch. 8 para. 34)
S. 79 applied (26.7.2019) by The Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019 (S.I. 2019/1091), arts. 1, 10
S. 90B and cross-heading inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(3), 255(3) (with s. 247)
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)
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)
Words in s. 74(1)(c) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)
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
Words in s. 106C(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
S. 79 applied (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 43(1) (with arts. 35, 36, Sch. 14)
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)
Words in s. 74(1)(d) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)
Words in s. 106C(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
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)
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)
Words in s. 106A(8) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(3)
Ss. 62P, 62Q and cross-heading inserted (W.) (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)
S. 84(5) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(8) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
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)
S. 78 applied (with modifications) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 58(1)(a) (with arts. 30(4), 53)
Ss. 93D-93F inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 18(2), 25(3)(b) (with s. 18(6))
Words in s. 97(1) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(3); S.I. 2016/733, reg. 3(d)
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)
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)
Words in s. 99(8)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 26; S.I. 2016/733, reg. 3(d)
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)
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)
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)
S. 90(2)(2ZA) substituted for s. 90(2) (31.7.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 21(2), 35(1); S.I. 2013/1488, art. 5(b)
S. 79 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)
S. 79 applied (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 4(1) (with art. 33)
Words in s. 106C(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
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)
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)
S. 100ZA(13)(c) modified (temp.) (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(10), 255(3) (with s. 247)
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)
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)
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)
Words in s. 78(2) inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 (S.I. 2024/49), regs. 1(2), 8(a); S.I. 2024/44, reg. 2(1)(e)
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)
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)
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)
S. 79 applied (with modifications) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 58(1)(a) (with arts. 30(4), 53)
S. 79 applied (with modifications) (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 4(1)(a)
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)
S. 79 applied (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 7(1)(a) (with art. 35(2))
S. 78(1)(ab) inserted (temp.) (28.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 16(3), 25(3)(a) (with s. 16(6))
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)
Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
Words in s. 91(1)(a) substituted (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(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
S. 74A(2A) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(6) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
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)
S. 82(2) restricted (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 35(1) (with art. 37)
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)
S. 74A inserted (12.2.2015) by Infrastructure Act 2015 (c. 7), ss. 29, 57(5)(c)
Words in s. 106C repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
Words in s. 61E(4)(b) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 140(2), 216(1)(d)
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)
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)
Words in s. 95(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 5(b) (with s. 247)
Words in s. 74(1B)(a) substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(2)(a), 216(1)(d)
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)
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)
Ss. 78, 79 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 8(1)(2) (with art. 8(4))
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))
Ss. 61DA-61DE inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 1
S. 78 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 33 (with arts. 37, 38)
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)
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)
S. 79(6ZA) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 23(3); S.I. 2016/733, reg. 3(d)
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)
S. 93G and cross-heading inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 111(2), 255(3)(b) (with s. 247); S.I. 2024/389, reg. 2(g)
S. 70(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(3)(a), 216(2)(c)
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)
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)
S. 61G(12)(13) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 139, 216(1)(d)
S. 106(9)(d) excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 44(1) (with arts. 51, 53)
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
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)
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)
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)
S. 96A(9)(10) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 2(6)
Words in s. 83(3A)(b) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 24(b)
Words in s. 95 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 5(a) (with s. 247)
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)
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)
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)
S. 106BC repealed (1.5.2016) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(4), 35(2)
S. 60(2A)-(2C) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(1), 35(2)
Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)
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)
S. 79(1A)(1B) 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(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 10)
S. 100ZA and cross-heading inserted (19.7.2017 for specified purposes, 1.10.2018 for specified purposes) by Neighbourhood Planning Act 2017 (c. 20), ss. 14(1), 46(1) (with s. 14(3)); S.I. 2017/767, reg. 2(e); S.I. 2018/567, reg. 3(a)
S. 106 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 43(1) (with arts. 51, 53)
S. 106(3) excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 44(1) (with arts. 51, 53)
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)
Words in s. 94 heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 4(2) (with s. 247)
Words in s. 96A(1) omitted (1.9.2014) by virtue of The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 2(2)
S. 62B(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(5), 216(2)(c)
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)
S. 78 applied in part (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 45(1)(a) (with art. 34(2))
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)
S. 83(3A) inserted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 7(2), 58(2)(b)(4)(b); S.I. 2020/1216, reg. 2(a)
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)
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)
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)
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)
Ss. 78, 79 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 48(1)(a) (with arts. 51, 53)
Words in s. 78A(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 22(3); S.I. 2016/733, reg. 3(d)
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)
S. 62A(1A) inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 153(2), 216(2)(c)
S. 58A and cross-heading inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(1), 216(2)(c)
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)
S. 94 cross-heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 3 (with s. 247)
Words in s. 106A(11) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(2)(b), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
Words in s. 88(9) omitted (1.5.2025) by virtue of The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(5)
Words in s. 77(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 20(3)(a); S.I. 2016/733, reg. 3(d)
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)
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)
Words in s. 96A(7) 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(4)(c)
Words in s. 78(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. 8; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2
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)
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)
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)
Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)
S. 78 applied (26.7.2019) by The Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019 (S.I. 2019/1091), arts. 1, 10
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)
S. 79 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 35(a) (with art. 26(2))
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)
Words in s. 100ZA(13)(c) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(12) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
Words in s. 96A(6) 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(4)(c)
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)
Word in s. 74(1ZA)(a)(i) 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(10)(a)(i) (with s. 247); S.I. 2024/92, reg. 2(q)
Words in s. 106A(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(2)(b)
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)
S. 69A inserted (27.4.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 17, 46(3)
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)
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
S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. 2 (as amended (W.) (5.5.2017) by The Town and Country Planning (Trees) (Amendment) (Wales) Regulations 2017 (S.I. 2017/548), regs. 1(1), 2(2)(c) (with reg. 3))
S. 78 applied (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 4(1) (with art. 33)
S. 79 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)
Words in s. 106(12) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 3(3)
Ss. 78, 79 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 4(a) (with art. 30)
S. 78 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 35(a) (with art. 26(2))
S. 59A inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(2), 216(2)(c)
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)
Words in s. 96A heading 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(4)(a)
S. 78 applied (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 9(1)(a) (with arts. 38, 39)
Words in s. 78(3) inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 (S.I. 2024/49), regs. 1(2), 8(b); S.I. 2024/44, reg. 2(1)(e)
Words in s. 91(3) 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(3)(a), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 13)
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)
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)
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)
Ss. 78, 79 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 11(2)(a) (with art. 39)
S. 78 applied (with modifications) (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 8 (with art. 24(2), Sch. 6 para. 3)
S. 76C(2A)(2B) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 18; S.I. 2016/733, reg. 3(d)
Words in s. 79(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 23(2)(a); S.I. 2016/733, reg. 3(d)
S. 75ZB inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 156, 216(3); S.I. 2016/733, reg. 4(1)(g) (with reg. 4(2))
Words in s. 76D(3) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 19; S.I. 2016/733, reg. 3(d)
Ss. 93H-93J and cross-heading inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 112(2), 255(3) (with ss. 112(4)(5), 247)
S. 106C(3) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(5)
Words in s. 75(1) 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(3)(b)
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
S. 102(2A) 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(4), 58(2)(b)(4)(b); S.I. 2016/52, arts. 3(b), 5(b) (with art. 12)
S. 97(9) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 114(8), 255(3) (with s. 247)
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)
S. 106A(6A) inserted (12.2.2024) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 3(14) (with s. 144); S.I. 2024/44, reg. 2(1)(e) (with reg. 4)
Words in s. 106C(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(a)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
S. 78 applied (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 43(1) (with arts. 35, 36, Sch. 14)
Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)
S. 58(1)(e) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(3)
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)
S. 90(2A) modified (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 29 (with art. 31(2))
S. 93B(2)(a): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(b), 25(3)(b)
S. 93D(2): power to amend conferred by (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(a), 25(3)(b)
S. 74B(8): power to amend conferred (28.7.2020) by Business and Planning Act 2020 (c. 16), ss. 16(7)(a), 25(3)(a)
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)
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
S. 93B(12): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(b), 25(3)(b)
S. 74C(5): power to amend conferred (28.7.2020) by Business and Planning Act 2020 (c. 16), ss. 16(7)(b), 25(3)(a)
S. 93D(1)(b)(ii): power to amend conferred by (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(a), 25(3)(b)
S. 93E(1)(b)(ii): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(b), 25(3)(b)
S. 93A(2): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(a), 25(3)(b)
S. 106(1) modified (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 9(3)
S. 93F(12): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(c), 25(3)(b)
S. 93E(2): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(b), 25(3)(b)
S. 93F(2)(a): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 18(7)(c), 25(3)(b)
S. 93A(1)(b)(ii): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(a), 25(3)(b)
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)
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
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)
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)
S. 78(4AA)(4AB) inserted (6.9.2015 for specified purposes, 16.3.2016 as otherwise not in force) by Planning (Wales) Act 2015 (anaw 4), ss. 45, 58(2)(b)(4)(b); The Planning (Wales) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016 (S.I. 2016/52), art. 5(c) (with art. 15)
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)
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)
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
S. 78(4BA)(4BB) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(1), 58(2)(b)(4)(b); The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017 (SI 2017/546), art 3(b) (with art. 4)
Words in s. 74(1ZA)(a) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 10(a)
Words in s. 74(1ZA)(b) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 10(b)
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)
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
Ss. 62D-62L omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(3) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
S. 106D inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(5), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)
Words in s. 57(1A) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(2) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62M(4)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(4) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Word in s. 62P(1) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(5)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62P(2) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(5)(b) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62Q(1)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(6)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62Q(4)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(6)(b)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62Q(4)(a) substituted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(6)(b)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62Q(4)(b) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(6)(c)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62Q(4)(b) substituted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(6)(c)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Word in s. 62R(1) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(7)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62R(1) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(7)(b) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62S omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(8)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 62S inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(8)(b) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 70(1)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(9) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Words in s. 70A(1)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(10) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Word in s. 75A(1)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(11)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Word in s. 75A(2) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(11)(b) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
Word in s. 75A(3) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(11)(c) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
S. 87(5) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(12) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
S. 88(11) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(13) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)
S. 106(1B) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(2)(a), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)
S. 106(15) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(2)(c), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)
S. 106(9)(ab) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(2)(b), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)
S. 106A(11)(zaa) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(3), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)
Words in s. 106B(1) inserted (W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 98(4), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h)