http://www.legislation.gov.uk/ukpga/1990/8/section/59ATown and Country Planning Act 1990An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.1990-05-24texttext/xmlenStatute Law Database2026-09-07Expert Participation2026-08-10 Part III Control over development Development orders<Addition ChangeId="key-ee8b9b32d50d215c060aa527cbd9a64a-1567772757087" CommentaryRef="key-ee8b9b32d50d215c060aa527cbd9a64a">Development orders: permission in principle</Addition>59A1A development order may either—aitself 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; orbprovide 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.2In this section—“prescribed” means prescribed in a development order;“qualifying document” means a document, as it has effect from time to time, which—falls within subsection (3),indicates that the land in question is allocated for development for the purposes of this section, andcontains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated.3The following documents fall within this subsection—aa register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);ba local plan or supplementary plan within the meaning of Part 2 of the 2004 Act (see section 15LH of that Act);baa document which is, or forms part of, a minerals and waste plan within the meaning of Part 2 of the 2004 Act (“a minerals and waste plan document”);ca neighbourhood development plan within the meaning given by section 38A of the 2004 Act.4Permission in principle granted by a development order takes effect—awhen the qualifying document takes effect, if the land in question is allocated for development in the document at that time;botherwise, 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.5For the purposes of subsection (4)(a)—aa register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;ba local plan, minerals and waste plan document or supplementary plan takes effect when it is adopted or approved under Part 2 of the 2004 Act;ca neighbourhood development plan takes effect when it is made by the local planning authority.6Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.7Permission in principle granted by a development order ceases to have effect on the expiration of—afive years beginning with the date on which it takes effect; orbsuch other period (whether longer or shorter) beginning with that date as the local planning authority may direct.8Permission in principle granted by a local planning authority ceases to have effect on the expiration of—athree years beginning with the date on which it takes effect; orbsuch other period (whether longer or shorter) beginning with that date as the local planning authority may direct.9The 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.10A development order—amay make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;bmay 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.11In 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.12In 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.13In 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.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. 4Pt. 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. 2Pt. 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)Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)Pt. 3 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. 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. 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, 5Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)S. 59A inserted (12.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 150(2), 216(2)(c)Words in s. 59A(3)(b) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 4(a)(i) (with s. 247); S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)Words in s. 59A(3)(b) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 4(a)(ii) (with s. 247); S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)S. 59A(3)(ba) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 4(b) (with s. 247); S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)Words in s. 59A(5)(b) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 4(c) (with s. 247); S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)