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Town and Country Planning Act 1990

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253 Procedure in anticipation of planning permission.E+W

(1)Where—

(a)the [F1Welsh Ministers] [F2or the council of a London borough] would, if planning permission for any development had been granted under Part III, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, notwithstanding that such permission has not been granted, the [F1Welsh Ministers] [F4or, as the case may be, the council of the London borough] may publish notice of the draft of such an order in accordance with section 252.

[F5(1A)Where—

(a)the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

(b)subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.]

(2)This subsection applies where the relevant development is the subject of an application for planning permission and either—

(a)that application is made by a local authority [F6National Park authority] or statutory undertakers F7. . .; or

[F8(aa)that application has been made to the Welsh Ministers under section 62D, 62F, 62M or 62O; or]

(b)that application stands referred to the Secretary of State in pursuance of a direction under section 77; or

(c)the applicant has appealed to the Secretary of State under section 78 against a refusal of planning permission or of approval required under a development order [F9or a local development order] or against a condition of any such permission or approval.

(3)This subsection applies where—

(a)the relevant development is to be carried out by a local authority [F6National Park authority] or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and

(b)the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.

(4)This subsection applies where the council of a county [F10or county borough,] a National Park authority or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.

(5)Section 252(8) shall not be construed as authorising the Secretary of State [F11, the council of a London borough or the Welsh Ministers] to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) [F12or, as the case may be, (1A)] until planning permission is granted for the development which occasions the making of the order.

Textual Amendments

F1Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(a), 35(3)

F2Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F3S. 253(1)(b) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 11(2), 35(3)

F4Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F5S. 253(1A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(3), 35(3)

F6Words in s. 253(2)(a)(3)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(8)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F7Words in s. 253(2)(a) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(1), Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F8S. 253(2)(aa) 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. 13; S.I. 2016/52, art. 3(e)

F9Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(b), 35(3)

F10Words in s. 253(4) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(5), 35(3)

F11Words in s. 253(5) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(a), 35(3)

F12Words in s. 253(5) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(b), 35(3)

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