The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016

Amendments to the Miscellaneous Provisions Regulations

3.—(1) For the heading of Part 2 of the Miscellaneous Provisions Regulations, substitute “Applications for which a local planning authority may be designated and period for determination of procedure”.

(2) For regulation 3 of the Miscellaneous Provisions Regulations (definition of major development) substitute—

Applications for which a local planning authority may be designated for the purposes of section 62A of the 1990 Act

3.— (1) The descriptions of application for which the Secretary of State may designate a local planning authority as mentioned in section 62A(1A) of the 1990 Act are either or both of the following—

(a) major development applications;

(b) non-major development applications.

(2) For the purposes of this regulation, the following are “major development applications”—

(a) applications for planning permission for the development of land in England which is major development other than excluded applications;

(b) applications for approval of a matter that, as defined by section 92 of the 1990 Act, is a reserved matter in the case of an outline planning permission for the development of land in England which is major development.

(3) For the purposes of this regulation, the following are “non-major development applications”—

(a) applications for planning permission for the development of land in England which is non-major development other than excluded applications;

(b) applications for approval of a matter that, as defined by section 92 of the 1990 Act, is a reserved matter in the case of an outline planning permission for the development of land in England which is non-major development.

(4) For the purposes of this regulation the following are “excluded applications”—

(a) applications for technical details consent(1); and

(b) applications of the kind described in section 73(1) of the 1990 Act.

(5) In this regulation—

“major development” means development which involves one or more of the following—

(a)

the winning and working of minerals or the use of land for mineral-working deposits;

(b)

waste development;

(c)

the provision of dwellinghouses where—

(i)

the number of dwellinghouses to be provided is 10 or more; or

(ii)

the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c)(i);

(d)

the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or

(e)

development carried out on a site having an area of 1 hectare or more;

“non-major development” means development which is not major development;

“waste development” means any operational development designed to be wholly or mainly for the purpose of, or material change of use to, treating, storing, processing or disposing of refuse or waste material.

Descriptions of application excluded from definition of relevant application for purposes of section 62A of the 1990 Act

3A.— (1) For the purposes of section 62A of the 1990 Act, an application which is within paragraph (2) is not a relevant application.

(2) The applications are—

(a) any application for planning permission for development carried out before the date of the application(2); and

(b) any householder application.

(3) In sub-paragraph (2)(b), “householder application” has the same meaning as in article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015(3).”.

(1)

As described in section 70(2ZZB) of the 1990 Act, and inserted by section 150 of the Housing and Planning Act 2016.

(2)

As described in section 73A of the 1990 Act, and inserted by section 32 of the Planning and Compensation Act 1991 (1991 c. 34).

(3)

S.I. 2015/595.