C1C3C4C5C6C7C8C9C10C11C12 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C5

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

Determination of applications

74 Directions etc. as to method of dealing with applications.

1

Provision may be made by a development order for regulating the manner in which applications for planning permission F5, 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 F7or 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 F11, or permission in principle, for development which does not accord with the provisions of the development plan;

c

for requiring that, before planning permission F14or 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 F15or 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 F10or permission in principle made to the authority, including information as to the manner in which any such application has been dealt with.

F41ZA

In subsection (1)—

a

in paragraph (c) the reference to planning permission for any development includes a reference to F17—

i

a consent, agreement or approval as mentioned in section 61DB(2), F19and

ii

an approval under section 61L(2), and

F21iii

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 F18—

i

applications for consent, agreement or approval as mentioned in section 61DB(2), F20and

ii

applications for approvals under section 61L(2) F22, 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).

F11A

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.

F21B

Provision may be made by a development order—

C2a

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 F16London 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 permissionF8, 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 F13or permission in principle (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with F9a direction given by virtue of paragraph (a)(ii).

F12...

F61BA

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 F3. . . sections 67(7) and 73(1) of the M1Planning (Listed Buildings and Conservation Areas) Act 1990.