Housing and Planning Bill (HL Bill 110)

(a) in paragraph (a), after “planning permission” insert “, or permission
in principle,”;

(b) in paragraph (c), after “planning permission” insert “or permission
in principle”.

18 5In section 76C (provisions applying to applications made under section
62A), after subsection (2) insert—

“(2A) Sections 65(5) and 70 to 70C apply, with any necessary modifications,
to an application for permission in principle made to the Secretary of
State under section 62A as they apply to an application for
10permission in principle which is to be determined by the local
planning authority.

(2B) Any requirements imposed by a development order by virtue of
section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may
be applied by a development order, with or without modifications,
15to an application for permission in principle made to the Secretary of
State under section 62A.””

19 In section 76D (deciding applications made under section 62A), in
subsection (3), after “planning permission” insert “or permission in
principle”.

20 (1) 20Section 77 (references of applications to Secretary of State) is amended as
follows.

(2) In subsection (1), after “planning permission” insert “or permission in
principle”.

(3) In subsection (4)—

“(a) 25for “subsection (5), where” substitute “subsection (5)—

(a) where”;”

(b) for “local planning authority and” substitute “local planning
authority;

“(b) where an application for permission in principle is
30referred to the Secretary of State under this section,
section 70 shall apply, with any necessary modifications,
as it applies to such an application which falls to be
determined by the local planning authority;

and”.””

21 35In section 78 (right of appeal against planning decisions and failure to take
such decision), in subsection (1), after paragraph (a) insert—

“(aa) refuse an application for permission in principle;”.”

22 (1) Section 78A (appeal made: functions of local planning authorities) is
amended as follows.

(2) 40In subsection (1), after “section 78(1)(a)” insert “or (aa)”.

(3) In subsection (4), for “to grant the application” substitute “to grant an
application mentioned in section 78(1)(a)”.

23 (1) Section 79 (determination of appeals) is amended as follows.

(2) In subsection (4)—

“(a) 45for “subsection (2), the provisions of sections” substitute

“subsection (2)—

“(a) sections”;”

(b) after “under section 78” insert “in respect of an application
within section 78(1)(a), (b) or (c)”;

(c) 5for “local planning authority and” substitute “local planning
authority;

“(b) section 70 shall apply, with any necessary modifications,
in relation to an appeal to the Secretary of State under
section 78 in respect of an application for permission in
10principle as it applies in relation to such an application
which falls to be determined by the local planning
authority;

and”.””

(3) After subsection (6) insert—

“(6ZA) 15If, before or during the determination of such an appeal in respect of
an application for permission in principle to develop land, the
Secretary of State forms the opinion that, having regard to the
provisions of section 70 and the development order, permission in
principle for that development could not have been granted by the
20local planning authority, he may decline to determine the appeal or
to proceed with the determination.””

24 In the heading before section 97, after “planning permission” insert “or
permission in principle”.

25 (1) Section 97 (power to revoke or modify planning permission) is amended as
25follows.

(2) In the heading, at the end insert “or permission in principle”.

(3) In subsection (1), after “permission” insert “(including permission in
principle)”.

(4) In subsection (3)(a) and (b), for “where the permission” substitute “in the
30case of planning permission that”.

(5) In subsection (4), for “permission” substitute “planning permission”.

26 In section 99 (procedure for section 97 orders: unopposed cases), in
subsection (8)(a), after “planning permission” insert “or permission in
principle”.

27 (1) 35In section 106BB (duty to notify the Mayor of London of certain applications
under section 106BA), in paragraphs (a), (b) and (c) of subsection (1), for
“planning permission” substitute “permission”.

(2) At the end of that subsection insert—

““In this subsection, “permission” means planning permission or
40permission in principle.””

28 (1) Section 107 (compensation where planning permission revoked or
modified) is amended as follows.

(2) In the heading and in subsection (1), after “planning permission” insert “or
permission in principle”.

(3) In subsection (4), for “consisting” substitute “that is attributable to the
revocation or modification of planning permission and consists”.

29 (1) Section 108 (compensation for refusal or conditional grant of planning
permission formerly granted by development order etc) is amended as
5follows.

(2) In the heading, after “planning permission” insert “etc”.

(3) After subsection (2A) insert—

“(2B) Where—

(a) permission in principle granted by a development order is
10withdrawn by the revocation or amendment of the order, and

(b) on an application made under Part 3 or section 293A before
the end of the period of 12 months beginning with the date on
which the revocation or amendment came into operation,
permission in principle is refused for development of a
15description that is the same as, or falls within, that to which
the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by
the development order had been granted by the local planning
authority under Part 3 or section 293A, and had been revoked or
20modified by an order under section 97.””

(4) In subsection (3), after “planning permission” insert “, or permission in
principle,”.

(5) In subsections (3B)(a) and (3C)(a), after “planning permission” insert “or
permission in principle”.

(6) 25In subsection (3C)(b), for “planning permission” substitute “permission”.

(7) In subsection (3C)(d), before “either” insert “where the development order
granted planning permission,”.

30 In section 109 (apportionment of compensation for depreciation), in the
definition of “relevant planning decision” in subsection (6), for “by which
30planning permission is refused, or is granted” substitute “by which planning
permission or permission in principle is refused, or by which planning
permission is granted”.

31 In section 284 (validity of development plans and certain orders, decisions
and directions), in subsection (3)(i), after “planning permission” insert “or
35permission in principle”.

32 In section 286 (challenges to validity on ground of authority’s powers), in
subsections (1)(a) and (2), after “planning permission” insert “or permission
in principle”.

33 In section 293 (application to Crown: definitions), in subsection (2A), after
40“planning permission” insert “or permission in principle”.

34 (1) Section 293A (urgent Crown development: application) is amended as
follows.

(2) In subsection (2), after “planning permission” (in both places) insert “or
permission in principle”.

(3) In subsection (4)(a), after “planning permission” insert “, or (as the case may
be) permission in principle,”.

35 (1) Section 298A (application for planning permission by Crown) is amended as
follows.

(2) 5In the heading, after “planning permission” insert “etc”.

(3) In subsection (1), after “for planning permission” insert “, for permission in
principle”.

36 In section 303 (fees for planning applications etc), in subsection (4), after
“planning permission” insert “or permission in principle”.

37 10In section 316 (land of interested planning authorities and development by
them), for subsection (7) substitute—

“(7) This section applies—

(a) to permission in principle to develop any land, and

(b) to any consent required in respect of any land,

15as it applies to planning permission to develop land.””

38 In section 322B (local inquiries in London: special provision as to costs in
certain cases)—

after “planning permission” insert “or permission in principle”.

39 In section 332 (combined applications), in subsection (1)(a), after “planning
permission” insert “, or permission in principle,”.

40 (1) In section 336 (interpretation), subsection (1) is amended as follows.

(2) 25At the appropriate place insert—

• “““permission in principle” means permission of the kind
  referred to in section 58A;”.”

(3) At the end of the definition of “planning permission” insert “but does not
include permission in principle”.

41 (1) 30Schedule 1 (local planning authorities: distribution of functions) is amended
as follows.

(2) In paragraph 3(1)(a), after “planning permission” insert “or permission in
principle”.

(3) In paragraph 4(2), after “application for planning permission” insert “or
35permission in principle”.

(4) In paragraphs 7(1), 8(1) and 8(2)(b)(i), 11(1)(a), 16(2)(a) and 18, after
“planning permission” insert “or permission in principle”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

42 (1) In section 66 of the Planning (Listed Buildings and Conservation Areas) Act
401990 (general duty as respects listed buildings in exercise of planning
functions) in subsection (1), after “planning permission” insert “or
permission in principle”.

43 In section 91(2) of that Act (expressions that have the same meaning as in the
principal Act), at the appropriate place insert—

• ““permission in principle”.”

Commons Act 2006 (c. 26)

44 (1) 5Schedule 1A to the Commons Act 2006 (exclusion of right under section 15)
is amended as follows.

(2) In the first column of the Table, in paragraphs 1 and 2, after “An application
for planning permission” insert “, or permission in principle,”.

(3) In the second column of the Table, in paragraphs 1(c) and 2(c), after
10“planning permission” insert “or permission in principle”.

Section 142

SCHEDULE 13 Resolution of disputes about planning obligations:
Schedule to be inserted in the Town and Country Planning Act 1990

Section 106ZA

“Schedule 1 15Resolution of disputes about planning obligations

Appointment of person to help resolve disputes

1 (1) This paragraph applies where—

(a) a person (“the applicant”) has made an application for
planning permission or an application of a prescribed
20description (“the application”) to a local planning
authority in England,

(b) there are unresolved issues regarding what should be the
terms of any section 106 instrument, and

(c) any prescribed conditions are met.

(2) 25The Secretary of State must (subject to sub-paragraphs (6) to (8))
appoint a person to help with the resolution of the unresolved
issues if—

(a) the Secretary of State thinks that the local planning
authority would be likely to grant the application if
30satisfactory planning obligations were entered into, but
not otherwise, and

(b) sub-paragraph (3), (4) or (5) applies.

(3) This sub-paragraph applies where the applicant or the authority
requests the Secretary of State to make an appointment.

(4) 35This sub-paragraph applies where—

(a) a person of a prescribed description requests the Secretary
of State to make an appointment, and

(b) any prescribed requirements as to the consent of the
applicant or the authority are satisfied.

(5) 40This sub-paragraph applies where—

(a) regulations require an appointment to be made, in
prescribed circumstances, if the unresolved issues have
not been resolved by the end of a prescribed period,

(b) the circumstances are as prescribed, and

(c) 5the unresolved issues have not been resolved by the end of
that period.

(6) The Secretary of State may decline to make an appointment in
prescribed circumstances.

(7) Regulations must provide that—

(a) 10no appointment is to be made under this paragraph before
the end of a prescribed period;

(b) no appointment is to be made in response to a request
under sub-paragraph (3) or (4) if the request is withdrawn
before the end of that period.

(8) 15No request may be made under sub-paragraph (3) or (4), and sub-
paragraph (5) does not apply—

(a) if the application has been referred to the Secretary of State
under section 77;

(b) if the applicant has appealed to the Secretary of State under
20section 78(2) in respect of the application;

(c) if the applicant has made an application to the court, which
has not been disposed of, in respect of it;

(d) in such other circumstances as may be prescribed.

Co-operation etc with person appointed under paragraph 1

2 25Where a person is appointed under paragraph 1 the parties
must—

(a) co-operate with the person;

(b) comply with any reasonable requests by the person to
provide information or documents or to take part in
30meetings.

Report by appointed person

3 (1) A person appointed under paragraph 1 must prepare a report and
send it to the parties.

(2) The report must—

(a) 35identify the unresolved issues;

(b) indicate the steps taken since the person’s appointment to
try to resolve those issues.

(3) If—

(a) agreement is reached between the local planning authority
40and those who are proposing to enter into planning
obligations, before the report is sent to the parties, on what
are to be the terms of the section 106 instrument, and

(b) the appointed person is aware of the agreement,

the report must set out the terms agreed.

(4) Where sub-paragraph (3) does not apply, the report must set out
the appointed person’s recommendations as to what terms would
be appropriate.

(5) In deciding what recommendations to make under sub-paragraph
5(4), the appointed person must have regard to any template or
model for section 106 instruments that is published by the
Secretary of State.

(6) The local planning authority must publish the report in
accordance with any provision made by regulations about the
10manner and time of publication.

Temporary prohibition on refusal or appeal

4 (1) Where paragraph 1(3), (4) or (5) applies, the applicant may not
appeal to the Secretary of State under section 78(2) in relation to
the application before—

(a) 15the resolution process has come to an end, and

(b) the applicant has paid any fees or costs that the applicant
is required to pay by virtue of paragraph 10(3) or (4)(c).

(2) Where paragraph 1(3), (4) or (5) applies and the local planning
authority are minded to refuse the application, they may not do so
20before—

(a) the resolution process has come to an end, and

(b) the authority have paid any fees or costs that they are
required to pay by virtue of paragraph 10(3) or (4)(c).

(3) For the purposes of this paragraph, the resolution process comes
25to an end—

(a) on the expiry of the period prescribed under paragraph
1(7), if paragraph 1(5) does not apply and the request
under paragraph 1(3) or (4) is withdrawn (or, where more
than one such request has been made, they are all
30withdrawn) before the end of that period;

(b) when the Secretary of State declines to appoint a person
under paragraph 1, if the Secretary of State declines to
make an appointment;

(c) when the parties agree that the process has come to an end,
35if they agree that it has;

(d) when the local planning authority publish the appointed
person’s report, if paragraph (a), (b) or (c) does not apply.

Effect of appointed person’s report: planning obligations entered into

5 (1) This paragraph applies where—

(a) 40a local planning authority are determining an application
in connection with which—

(i) a report has been prepared under paragraph 3, and

(ii) planning obligations have been entered into, and

(b) the section 106 instrument satisfies the requirements of
45sub-paragraph (2).

(2) A section 106 instrument satisfies the requirements of this sub-
paragraph if—

(a) the instrument is in accordance with the terms or
recommendations reported under paragraph 3(3) or (4), or

(b) 5the instrument is executed before the end of a prescribed
period and the local planning authority—

(i) are a party to it, or

(ii) notify the applicant, before the end of that period,
that they are content with the terms of it.

(3) 10The local planning authority must not refuse the application on a
ground that relates to the appropriateness of the terms of the
section 106 instrument.

(4) If the local authority grant the application, the authority’s power
to make the grant conditional on a person undertaking—

(a) 15a planning obligation other than one entered into by the
section 106 instrument, or

(b) an obligation of some other kind,

is subject to any limitations specified in regulations.

Effect of appointed person’s report: no planning obligations entered into

6 20Where—

(a) a local planning authority are determining an application
in connection with which a report has been prepared
under paragraph 3,

(b) the report records (under paragraph 3(3)) an agreement
25that planning obligations are to be entered into, or
recommends (under paragraph 3(4)) that planning
obligations are entered into, and

(c) no section 106 instrument is executed before the end of a
prescribed period,

30the local planning authority must refuse the application.

Effect of appointed person’s report: further provision

7 (1) Where a report is prepared under paragraph 3 in connection with
an application—

(a) the local planning authority determining the application
35must have regard to the report, to the extent that this
requirement is consistent with the restrictions in
paragraphs 5 and 6;

(b) a person determining an appeal against the authority’s
decision on the application, or an appeal under section
4078(2) in respect of the application, must have regard to the
report but is not subject to those restrictions.

(2) Regulations may prescribe cases or circumstances in which a
restriction in paragraph 5 or 6 does not apply.

Appointment in connection with two or more applications

8 (1) A person may be appointed under paragraph 1 in connection with
two or more applications if the same or similar issues arise on both
or all of them.

(2) 5In such cases—

(a) the provisions of this Schedule apply separately in relation
to each application, but

(b) a single report may be made under paragraph 3 in relation
to both or all of the applications.

10Exercise of functions on behalf of the Secretary of State

9 (1) The Secretary of State may arrange for a function of the Secretary
of State under paragraph 1 (other than a function of making
regulations) to be exercised by any body or person on behalf of the
Secretary of State.

(2) 15A reference in this Schedule to the Secretary of State is to be read,
where appropriate, as including a reference to a body or person
exercising functions under any such arrangements.

(3) Arrangements under this paragraph—

(a) do not affect the responsibility of the Secretary of State for
20the exercise of the function;

(b) may include provision for payments to be made to the
body or person exercising the function under the
arrangements.

Regulations

10 (1) 25Regulations may make provision about requests under paragraph
1(3) or (4), including in particular—

(a) provision about when requests may be made;

(b) provision about the form of requests;

(c) provision requiring requests to be served on prescribed
30persons;

(d) provision requiring prescribed information or documents
to be provided;

(e) provision about withdrawal of requests.

(2) Regulations may make provision requiring the applicant or the
35local planning authority to notify the Secretary of State where
paragraph 1(5) applies.

(3) Regulations may make provision for the payment by the parties of
fees in cases where a person is appointed under paragraph 1,
including in particular provision about—

(a) 40calculating the amount of the fees;

(b) the proportion of the fees that each party is to bear;

(c) when fees are to be payable.

(4) Regulations may make further provision supplementing that
made by paragraphs 1 to 9, and may in particular—

(a) make provision about the qualifications or experience that
an appointed person must have;

(b) require an appointed person—

(i) to consider or take into account prescribed matters;

(ii) 5not to consider or take into account prescribed
matters;

(iii) to make prescribed assumptions;

(c) provide for a party that is in breach of paragraph 2, or
otherwise behaves unreasonably, to be required by an
10appointed person to pay some or all of the costs incurred
by another party in connection with that breach or
behaviour;

(d) make provision for corrections or other revisions to be
made to a report under paragraph 3;

(e) 15require particular steps to be taken by an appointed person
or the parties for the purposes of, or otherwise in
connection with, a report under paragraph 3;

(f) require the application to be determined no earlier than a
specified period following the time when a report under
20paragraph 3 is sent to the parties, or no later than a
specified period following that time.

Interpretation

11 In this Schedule—

• “the applicant” and “the application” have the meaning given
  25by paragraph 1(1);

• “appointed person” means a person appointed under
  paragraph 1;

• “parties” means the applicant and the local planning
  authority;

• 30“prescribed period” means a period prescribed by, or
  determined in accordance with, regulations;

• “section 106 instrument” means an instrument by which
  planning obligations are entered into.””

Section 159

SCHEDULE 14 35Right to enter and survey land: consequential amendments

Defence Act 1842 (5 & 6 Vict c. 94)

1 In section 16 of the Defence Act 1842, at the end insert—

“(3) A person may not be authorised under subsection (1) to enter and
survey or value land in England and Wales in connection with a
40proposal to acquire an interest in or a right over land (but see section
152 of the Housing and Planning Act 2016).””