Town and Country Planning Act 1990

74 Directions etc. as to method of dealing with applications.E+W

(1)Provision may be made by a development order for regulating the manner in which applications for planning permission [F1, 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 [F2or 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 [F3, or permission in principle,] for development which does not accord with the provisions of the development plan;

(c)for requiring that, before planning permission [F4or 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 [F5or 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 [F6or permission in principle] made to the authority, including information as to the manner in which any such application has been dealt with.

[F7(1ZA)In subsection (1)—

(a)in paragraph (c) the reference to planning permission for any development includes a reference to [F8—

(i)a consent, agreement or approval as mentioned in section 61DB(2), [F9and]

(ii)] an approval under section 61L(2), and

[F10(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 [F11—

(i) applications for consent, agreement or approval as mentioned in section 61DB(2), [F12and]

(ii)] applications for approvals under section 61L(2) [F13, 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).]]

[F14(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.]

[F15(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 [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 permission[F17, 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 [F18or permission in principle] (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with [F19a direction given by virtue of paragraph (a)(ii).]

F20...

[F21(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 F22. . . sections 67(7) and 73(1) of the M1Planning (Listed Buildings and Conservation Areas) Act 1990.

Textual Amendments

F7S. 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)

F8Words 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)

F11Words 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)

F14S. 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)

F15S. 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

F16Words in s. 74(1B)(a) substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(2)(a), 216(1)(d)

F19Words in s. 74(1B)(c) substituted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(2)(b), 216(1)(d)

F20Words 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)

F21S. 74(1BA)(1BB) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 149(3), 216(1)(d)

Modifications etc. (not altering text)

Marginal Citations