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61B Intervention by Secretary of State or National Assembly | |
(1) At any time before a local development order is adopted by a local | |
planning authority the appropriate authority may direct that the order | |
(or any part of it) is submitted to it for its approval. | |
(2) If the appropriate authority gives a direction under subsection (1)— | 5 |
(a) the authority must not take any step in connection with the | |
adoption of the order until the appropriate authority gives its | |
decision; | |
(b) the order has no effect unless it (or, if the direction relates to | |
only part of an order, the part) has been approved by the | 10 |
appropriate authority. | |
(3) In considering an order or part of an order submitted under subsection | |
(1) the appropriate authority may take account of any matter which it | |
thinks is relevant. | |
(4) It is immaterial whether any such matter was taken account of by the | 15 |
local planning authority. | |
(5) The appropriate authority— | |
(a) may approve or reject an order or part of an order submitted to | |
it under subsection (1); | |
(b) must give reasons for its decision under paragraph (a). | 20 |
(6) If the appropriate authority thinks that a local development order is | |
unsatisfactory it may at any time before the order is adopted by the | |
local planning authority direct them to modify it in accordance with the | |
direction. | |
(7) The local planning authority— | 25 |
(a) must comply with the direction; | |
(b) must not adopt the order unless the appropriate authority gives | |
notice that it is satisfied that they have complied with the | |
direction. | |
(8) The appropriate authority may at any time by order revoke a local | 30 |
development order if it thinks it is expedient to do so. | |
(9) Subsections (3) to (6) of section 100 apply to an order under subsection | |
(8) above as they apply to an order under subsection (1) of that section | |
and for that purpose references to the Secretary of State must be | |
construed as references to the appropriate authority. | 35 |
(10) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales. | |
61C Permission granted by local development order | |
(1) Planning permission granted by a local development order may be | 40 |
granted— | |
(a) unconditionally, or | |
(b) subject to such conditions or limitations as are specified in the | |
order. | |
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(2) If the permission is granted for development of a specified description | |
the order may enable the local planning authority to direct that the | |
permission does not apply in relation to— | |
(a) development in a particular area, or | |
(b) any particular development.” | 5 |
(2) In each of the following provisions of the principal Act in each place where it | |
occurs after “development order” there is inserted “or a local development | |
order”— | |
(a) section 56(5)(a) (definition of material development); | |
(b) section 57(3) (extent of permission granted by development order); | 10 |
(c) section 58(1)(a) (grant of planning permission by development order); | |
(d) section 77(1) (certain applications to be referred to the Secretary of | |
State); | |
(e) section 78(1)(c) (right of appeal in relation to certain planning | |
decisions); | 15 |
(f) section 88(9) (grant of planning permission in enterprise zone); | |
(g) section 91(4)(a) (no limit to duration of planning permission granted by | |
development order); | |
(h) section 108 (compensation for refusal of planning permission formerly | |
granted by development order); | 20 |
(i) section 109(6) (apportionment of compensation for depreciation); | |
(j) section 253(2)(c) (cases in which certain procedures may be carried out | |
in anticipation of planning permission); | |
(k) section 264(5)(b) (land treated not as operational land); | |
(l) section 279(1)(a)(i) (compensation for certain decisions and orders). | 25 |
(3) Section 333 of the principal Act (regulations and orders) is amended as | |
follows— | |
(a) in subsection (4) after “55(2)(f),” there is inserted “61A(5)”; | |
(b) in subsection (5)(b) after “28,” there is inserted “61A(5) (unless it is | |
made by the National Assembly for Wales),”. | 30 |
(4) Schedule 1 further amends the principal Act. | |
Development principles | |
40 Statement of development principles | |
In the 1990 Act after section 61C (planning permission granted by local | |
development orders) (inserted by section 39 of this Act) there is inserted the | 35 |
following section— | |
“Development principles | |
61D Statement of development principles | |
(1) A local planning authority must issue a statement of development | |
principles in relation to a proposed development in their area if they are | 40 |
requested to do so by any person. | |
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(2) In considering a request under this section the authority must have | |
regard to— | |
(a) the development plan so far as material to the request; | |
(b) any other material considerations. | |
(3) A statement of development principles must indicate— | 5 |
(a) whether the local planning authority agree or disagree with the | |
principle of the proposed development, or | |
(b) if they agree with the principle of only part of the proposed | |
development, with which part they agree and with which part | |
they disagree. | 10 |
(4) A statement of development principles is a material consideration for | |
the purposes of the determination of any application for planning | |
permission in respect of a similar development or part of a similar | |
development (as the case may be) which is made before the end of the | |
relevant period. | 15 |
(5) But a local planning authority may decline to issue a statement of | |
development principles before the end of the period of two years | |
starting on the date of issue of a statement of development principles in | |
which the local planning authority disagree with the principle of all or | |
part of a similar development. | 20 |
(6) If a statement of development principles is issued outline planning | |
permission (within the meaning of section 92) must not be granted for | |
a similar development before the end of the relevant period. | |
(7) A development is similar to another development if the local planning | |
authority think that the development and the land to which they relate | 25 |
are the same or substantially the same. | |
(8) A development order may make provision as to— | |
(a) the procedure to be followed by a person requesting the issue of | |
a statement of development principles; | |
(b) the procedure to be followed by the local planning authority in | 30 |
drawing up and issuing the statement; | |
(c) the matters to be contained in the statement; | |
(d) such requirements as to consultation on the proposed | |
development as the appropriate authority thinks fit. | |
(9) Provision made under subsection (8) may include provision | 35 |
corresponding to any provision of this Part subject to such | |
modifications as the appropriate authority thinks fit. | |
(10) The relevant period is— | |
(a) the period of three years starting on the day the local planning | |
authority issue the statement of development principles, or | 40 |
(b) such other period starting on that day as that authority direct. | |
(11) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales.” | |
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Applications | |
41 Applications for planning permission and certain consents | |
(1) In the principal Act for section 62 (form and content of applications for | |
planning permission) there is substituted the following section— | |
“62 Applications for planning permission | 5 |
(1) A development order may make provision as to applications for | |
planning permission made to a local planning authority. | |
(2) Provision referred to in subsection (1) includes provision as to— | |
(a) the form and manner in which the application must be made; | |
(b) particulars of such matters as are to be included in the | 10 |
application; | |
(c) documents or other materials as are to accompany the | |
application. | |
(3) The local planning authority may require that an application for | |
planning permission must include— | 15 |
(a) such particulars as they think necessary; | |
(b) such evidence in support of anything in or relating to the | |
application as they think necessary. | |
(4) But a requirement under subsection (3) must not be inconsistent with | |
provision made under subsection (1).” | 20 |
(2) In section 73 of the principal Act (determination of applications to develop land | |
without compliance with conditions previously attached) subsection (3) is | |
omitted. | |
(3) In section 198 of that Act (tree preservation orders) after subsection (7) there is | |
inserted— | 25 |
“(8) In relation to an application for consent under a tree preservation order | |
the appropriate authority may by regulations make provision as to— | |
(a) the form and manner in which the application must be made; | |
(b) particulars of such matters as are to be included in the | |
application; | 30 |
(c) the documents or other materials as are to accompany the | |
application. | |
(9) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales, | 35 |
and in the case of regulations made by the National Assembly for Wales | |
section 333(3) must be ignored.” | |
(4) In section 220 of that Act (regulations controlling display of advertisements) | |
after subsection (2) there is inserted the following subsection— | |
“(2A) The regulations may also make provision as to— | 40 |
(a) the form and manner in which an application for consent must | |
be made; | |
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(b) particulars of such matters as are to be included in the | |
application; | |
(c) any documents or other materials which must accompany the | |
application.” | |
(5) In the principal Act before section 328 (settled land and land of universities and | 5 |
colleges) there is inserted the following section— | |
“327A Applications: compliance with requirements | |
(1) This section applies to any application in respect of which this Act or | |
any provision made under it imposes a requirement as to the form or | |
manner in which the application must be made. | 10 |
(2) The local planning authority must not entertain such an application if | |
it fails to comply with the requirement.” | |
(6) In section 10(2) of the listed buildings Act (applications for listed buildings | |
consent) the words from “shall be made” to “require and” are omitted. | |
(7) In section 10(3) of that Act for paragraph (a) there are substituted the following | 15 |
paragraphs— | |
“(a) the form and manner in which such applications are to be made; | |
(aa) particulars of such matters as are to be included in such | |
applications; | |
(ab) the documents or other materials as are to accompany such | 20 |
applications;”. | |
(8) In section 89(1) of that Act (application of certain provisions of the principal | |
Act) after the entry relating to section 323 there is inserted— | |
“section 327A (compliance with requirements relating to applications),”. | |
42 Power to decline to determine applications | 25 |
(1) For section 70A of the principal Act (power of local planning authority to | |
decline to determine application) there are substituted the following sections— | |
“70A Power to decline to determine subsequent application | |
(1) A local planning authority may decline to determine a relevant | |
application if— | 30 |
(a) any of the conditions in subsections (2) to (4) is satisfied, and | |
(b) the authority think there has been no significant change in the | |
relevant considerations since the relevant event. | |
(2) The condition is that in the period of two years ending with the date on | |
which the application mentioned in subsection (1) is received the | 35 |
Secretary of State has refused a similar application referred to him | |
under section 76A or 77. | |
(3) The condition is that in that period the Secretary of State has dismissed | |
an appeal— | |
(a) against the refusal of a similar application, or | 40 |
(b) under section 78(2) in respect of a similar application. | |
(4) The condition is that— | |
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(a) in that period the local planning authority have refused a | |
similar application, and | |
(b) there has been no appeal to the Secretary of State against that | |
refusal. | |
(5) A relevant application is— | 5 |
(a) an application for planning permission for the development of | |
any land; | |
(b) an application for approval in pursuance of section 60(2). | |
(6) The relevant considerations are— | |
(a) the development plan so far as material to the application; | 10 |
(b) any other material considerations. | |
(7) The relevant event is— | |
(a) for the purposes of subsections (2) and (4) the refusal of the | |
similar application; | |
(b) for the purposes of subsection (3) the dismissal of the appeal. | 15 |
(8) An application for planning permission is similar to another | |
application if (and only if) the local planning authority think that the | |
development and the land to which the applications relate are the same | |
or substantially the same. | |
70B Power to decline to determine overlapping application | 20 |
(1) A local planning authority may decline to determine an application for | |
planning permission for the development of any land which is made at | |
a time when any of the conditions in subsections (2) to (4) applies in | |
relation to a similar application. | |
(2) The condition is that a similar application is under consideration by the | 25 |
local planning authority and the determination period for that | |
application has not expired. | |
(3) The condition is that a similar application is under consideration by the | |
Secretary of State in pursuance of section 76A or 77 or on an appeal | |
under section 78 and the Secretary of State has not issued his decision. | 30 |
(4) The condition is that a similar application— | |
(a) has been granted by the local planning authority, | |
(b) has been refused by them, or | |
(c) has not been determined by them within the determination | |
period, | 35 |
and the time within which an appeal could be made to the Secretary of | |
State under section 78 has not expired. | |
(5) An application for planning permission is similar to another | |
application if (and only if) the local planning authority think that the | |
development and the land to which the applications relate are the same | 40 |
or substantially the same. | |
(6) The determination period is— | |
(a) the period prescribed by the development order for the | |
determination of the application, or | |
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(b) such longer period as the applicant and the authority have | |
agreed for the determination of the application.” | |
(2) In section 78(2)(aa) of that Act after “70A” there is inserted “or 70B”. | |
(3) After section 81 of the listed buildings Act (authorities with functions under | |
the Act) there is inserted the following sections— | 5 |
“Power to decline to determine application | |
81A Power to decline to determine subsequent application | |
(1) A local planning authority may decline to determine an application for | |
a relevant consent if— | |
(a) one or more of the conditions in subsections (2) to (4) is satisfied, | 10 |
and | |
(b) the authority think there has been no significant change in any | |
material considerations since the relevant event. | |
(2) The condition is that in the period of two years ending with the date on | |
which the application mentioned in subsection (1) is received the | 15 |
Secretary of State has refused a similar application referred to him | |
under section 12. | |
(3) The condition is that in that period the Secretary of State has dismissed | |
an appeal— | |
(a) against the refusal of a similar application, or | 20 |
(b) under section 20(2) in respect of a similar application. | |
(4) The condition is that— | |
(a) in that period the local planning authority have refused a | |
similar application, and | |
(b) there has been no appeal to the Secretary of State against that | 25 |
refusal. | |
(5) Relevant consent is— | |
(a) listed building consent, or | |
(b) conservation area consent. | |
(6) The relevant event is— | 30 |
(a) for the purposes of subsections (2) and (4) the refusal of the | |
similar application; | |
(b) for the purposes of subsection (3) the dismissal of the appeal. | |
(7) An application for relevant consent is similar to another application if | |
(and only if) the local planning authority think that the building and | 35 |
works to which the applications relate are the same or substantially the | |
same. | |
(8) For the purposes of an application for conservation area consent a | |
reference to a provision of this Act is a reference to that provision as | |
excepted or modified by regulations under section 74. | 40 |
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