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The Town and Country Planning (Permission in Principle) (Amendment) Order 2017

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EXPLANATORY NOTE

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This Order, which applies in England only, makes provisions in relation to permission in principle. In particular it amends the Town and Country Planning (Permission in Principle) Order 2017 (S.I. 2017/402)(“the 2017 Order”) to allow local planning authorities to grant permission in principle for development the main purpose of which is housing development on an application to the authority in accordance with provisions inserted into that Order by this instrument. Permission in principle and its effect are described in sections 58A, 59A and 70(2ZZA) to (2ZZC) of the Town and Country Planning Act 1990 (“the 1990 Act”) (those sections were inserted by section 150 of the Housing and Planning Act 2016 (c. 22)).

Article 4 inserts provisions into the 2017 Order in relation to applications for permission in principle. Inserted article 5A provides that a local planning authority may grant permission in principle on an application made to the authority and prescribes the type of development for which permission in principle may be granted. Inserted article 5B excludes certain classes of development from being granted permission in principle under article 5A (in particular it excludes major development, habitats development, householder development and EIA development). Inserted article 5C provides that where the non-housing part of any development is specified wind turbine development then there is requirement to undertake consultation before making the application. Inserted articles 5D to 5T set out the procedure for making and determining applications for permission in principle – this procedure is similar to the existing process for planning permissions. (Article 8 inserts a Schedule 1 into the 2017 Order which includes related notices.) Inserted article 5U sets out the procedure for applying for a non-material change to a permission in principle. Inserted article 5V sets out the procedure for appealing against a refusal of permission in principle.

Article 5 substitutes a new article 6 (planning register) in the 2017 Order. The new article 6 requires the planning register to include details of each permission in principle, whether granted following an allocation of land in a register under section 14A of the Planning and Compulsory Purchase Act 2004, or granted following an application for permission in principle.

Article 6 amends article 7 (prescribed period under section 70(2ZZC) of the 1990 Act) of the 2017 Order by prescribing (as 3 years) the period during which a technical details application must be determined in accordance with the permission in principle where that permission in principle is granted following an application to a local planning authority.

Article 7 inserts a new article 7A into the 2017 Order. This new article enables an applicant to notify the authority that it no longer wishes to be contacted electronically.

Article 8 inserts a new Schedule 1 into the 2017 Order setting out notices in relation to applications for permission in principle.

Article 9 and Schedule 2 set out a number of amendments to secondary legislation relating to permission in principle.

The form for applications for permission in principle or non-material change to a permission principle can be found here www.gov.uk/government/publications/planning-application-forms-templates-for-local-planning-authorities or in writing from the Planning Directorate, Department for Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF.

The form for appeals can be found here www.gov.uk/government/organisations/planning-inspectorate or in writing from the Planning Directorate, Department for Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF.

An Impact Assessment was prepared in relation to the policy in section 150 of the Housing and Planning Act 2016 and can be found at www.parliament.uk/documents/impact-assessments/IA16-002C.pdf No significant impact is foreseen on the private, voluntary or public sectors and therefore no impact assessment has been prepared in relation to this instrument.

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