Duty to grant planning permission etc
2A
1
This section applies to an authority that is both a relevant authority and a local planning authority within the meaning of the Town and Country Planning Act 1990 (“
the 1990 Act
”).
2
An authority to which this section applies must give
... development permission
for the carrying out of self-build and custom housebuilding on enough serviced plots
of land to meet the demand for self-build and custom housebuilding in the authority's area
in respect of
each base period.
3
Regulations must specify the time allowed for compliance with the duty under subsection (2) in relation to any base period.
4
The first base period, in relation to an authority, is the period—
a
beginning with the day on which the register under section 1 kept by the authority is established, and
b
ending with
30 October 2016
.
Each subsequent base period is the period of 12 months beginning immediately after the end of the previous base period.
5
In this section “
development permission
” means planning permission or permission in principle (within the meaning of the 1990 Act).
5A
Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.
6
For the purposes of this section—
a
the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of—
i
the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and
ii
any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which—
A
the time allowed for complying with the duty in subsection (2) expired during the base period in question, and
B
the duty in subsection (2) has not been met;
aa
the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority;
b
an authority gives development permission if such permission is granted—
i
by the authority,
ii
by the Secretary of State or the Mayor of London on an application made to the authority, or
iii
(in the case of permission in principle) by a development order, under section 59A(1)(a) of the 1990 Act, in relation to land allocated for development in a document made, maintained or adopted by the authority;
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
A grant of development permission in relation to a particular plot of land may not be taken into account in relation to more than one base period in determining whether the duty in this section is discharged.
8
No account is to be taken for the purposes of this section of development permission granted before the start of the first base period.
9
Regulations under subsection (3)—
a
may make different provision for different authorities or descriptions of authority;
b
may make different provision for different proportions of the demand for self-build and custom housebuilding
in respect of
a particular base period.
S. 2A inserted (31.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 10(1), 216(3) (with s. 10(3)); S.I. 2016/733, reg. 5
Words in s. 2A(4)(b) substituted (31.10.2016) by The Housing and Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/733), reg. 11(2)
S. 2A excluded (31.10.2016) by The Self-build and Custom Housebuilding Regulations 2016 (S.I. 2016/950), regs. 1, 9
Word in s. 2A(2) omitted (31.1.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(a)(i), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
Words in s. 2A(2) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(a)(ii), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
Words in s. 2A(2) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(a)(iii), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
S. 2A(5A) inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(b), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
S. 2A(6)(a)(aa) substituted for s. 2A(6)(a) (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(c), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
S. 2A(6)(c) omitted (31.1.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(d), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)
Words in s. 2A(9)(b) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 123(1)(e), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(f)