PART 6Planning in England

Permission in principle and local registers of land

151Local planning authority to keep register of particular kinds of land

1

In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), after section 14 insert—

Register

14ARegister of land

1

The Secretary of State may make regulations requiring a local planning authority in England to prepare, maintain and publish a register of land within (or partly within) the authority's area which—

a

is of a prescribed description, or

b

satisfies prescribed criteria.

2

The regulations may require the register to be kept in two or more parts.

A reference to the register in the following subsections includes a reference to a prescribed part of the register.

3

The regulations may make provision permitting the local planning authority to enter in the register land within (or partly within) the authority's area which—

a

is of a prescribed description or satisfies prescribed criteria, and

b

is not required by the regulations to be entered in the register.

4

The regulations may—

a

require or authorise a local planning authority to carry out consultation and other procedures in relation to entries in the register;

b

specify descriptions of land that are not to be entered in the register;

c

confer a discretion on a local planning authority, in prescribed circumstances, not to enter in the register land of a prescribed description that the authority would otherwise be required to enter in it;

d

require a local planning authority exercising the discretion referred to in paragraph (c) to explain why they have done so;

e

specify information to be included in the register;

f

make provision about revising the register.

5

The regulations may specify a description of land by reference to a description in national policies and advice.

6

The regulations may confer power on the Secretary of State to require a local planning authority—

a

to prepare or publish the register, or to bring the register up to date, by a specified date;

b

to provide the Secretary of State with specified information, in a specified form and by a specified date, in relation to the register.

In this subsection “specified” means specified by the Secretary of State.

7

In exercising their functions under the regulations, a local planning authority must have regard to—

a

the development plan;

b

national policies and advice;

c

any guidance issued by the Secretary of State for the purposes of the regulations.

8

In this section “national policies and advice” means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).

2

In section 33 of that Act (power to direct that Part 2 of that Act does not apply to the area of an urban development corporation), for “that this Part does not apply” substitute

that the provisions of—

a

this Part, or

b

any particular regulations made under section 14A,

do not apply