Part III Control over development

F1Street vote development orders

61QIPermission granted by street vote development orders

(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planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and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).