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(4) The power under this section to include provision in a development | |
order or a local development order may be exercised differently for | |
different purposes.” | |
Development principles | |
41 Statement of development principles | 5 |
In the principal Act after section 61D (effect of revision or revocation of | |
development order on incomplete development) (inserted by section 40 of this | |
Act) there is inserted the following section— | |
“Development principles | |
61E Statement of development principles | 10 |
(1) A local planning authority must issue a statement of development | |
principles in relation to a proposed development in their area if they are | |
requested to do so by any person. | |
(2) In considering a request under this section the authority must have | |
regard to— | 15 |
(a) the development plan so far as material to the request; | |
(b) any other material considerations. | |
(3) A statement of development principles must indicate— | |
(a) whether the local planning authority agree or disagree with the | |
principle of the proposed development, or | 20 |
(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. | |
(4) A statement of development principles is a material consideration for | |
the purposes of the determination of any application for planning | 25 |
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 — | |
(a) the period of three years starting on the day the local planning | |
authority issue the statement of development principles, or | |
(b) such other period starting on that day as that authority direct. | 30 |
(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. | 35 |
(6) A development is similar to another development if the local planning | |
authority think that the development and the land to which they relate | |
are the same or substantially the same. | |
(7) A development order may make provision as to— | |
(a) the procedure to be followed by a person requesting the issue of | 40 |
a statement of development principles; | |
(b) the procedure to be followed by the local planning authority in | |
drawing up and issuing the statement; | |
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(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. | |
(8) Provision made under subsection (7) may include provision | |
corresponding to any provision of this Part subject to such | 5 |
modifications as the appropriate authority thinks fit. | |
(9) The appropriate authority is— | |
(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales.” | |
Applications | 10 |
42 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 | |
(1) A development order may make provision as to applications for | 15 |
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 | |
application; | 20 |
(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— | |
(a) such particulars as they think necessary; | 25 |
(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).” | |
(2) In section 73 of the principal Act (determination of applications to develop land | 30 |
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— | |
“(8) In relation to an application for consent under a tree preservation order | 35 |
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; | |
(c) the documents or other materials as are to accompany the | 40 |
application. | |
(9) The appropriate authority is— | |
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(a) the Secretary of State in relation to England; | |
(b) the National Assembly for Wales in relation to Wales, | |
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) | 5 |
after subsection (2) there is inserted the following subsection— | |
“(2A) The regulations may also make provision as to— | |
(a) the form and manner in which an application for consent must | |
be made; | |
(b) particulars of such matters as are to be included in the | 10 |
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 | |
colleges) there is inserted the following section— | 15 |
“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. | |
(2) The local planning authority must not entertain such an application if | 20 |
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 | |
paragraphs— | 25 |
“(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 | |
applications;”. | 30 |
(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),”. | |
43 Power to decline to determine applications | |
(1) For section 70A of the principal Act (power of local planning authority to | 35 |
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— | |
(a) any of the conditions in subsections (2) to (4) is satisfied, and | 40 |
(b) the authority think there has been no significant change in the | |
relevant considerations since the relevant event. | |
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(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 | |
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 | 5 |
an appeal— | |
(a) against the refusal of a similar application, or | |
(b) under section 78(2) in respect of a similar application. | |
(4) The condition is that— | |
(a) in that period the local planning authority have refused a | 10 |
similar application, and | |
(b) there has been no appeal to the Secretary of State against that | |
refusal. | |
(5) A relevant application is— | |
(a) an application for planning permission for the development of | 15 |
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; | |
(b) any other material considerations. | 20 |
(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. | |
(8) An application for planning permission is similar to another | 25 |
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 | |
(1) A local planning authority may decline to determine an application for | 30 |
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 | |
local planning authority and the determination period for that | 35 |
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. | |
(4) The condition is that a similar application— | 40 |
(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, | |
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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 | 5 |
or substantially the same. | |
(6) The determination period is— | |
(a) the period prescribed by the development order for the | |
determination of the application, or | |
(b) such longer period as the applicant and the authority have | 10 |
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— | |
“Power to decline to determine application | 15 |
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, | |
and | 20 |
(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 | |
Secretary of State has refused a similar application referred to him | 25 |
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 | |
(b) under section 20(2) in respect of a similar application. | 30 |
(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 | |
refusal. | 35 |
(5) Relevant consent is— | |
(a) listed building consent, or | |
(b) conservation area consent. | |
(6) The relevant event is— | |
(a) for the purposes of subsections (2) and (4) the refusal of the | 40 |
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 | |
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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. | 5 |
81B Power to decline to determine overlapping application | |
(1) A local planning authority may decline to determine an application for | |
a relevant consent 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 | 10 |
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 12 or on an appeal under | |
section 20 and the Secretary of State has not issued his decision. | 15 |
(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, | 20 |
and the time within which an appeal could be made to the Secretary of | |
State under section 20 has not expired. | |
(5) Relevant consent is— | |
(a) listed building consent, or | |
(b) conservation area consent. | 25 |
(6) An application for relevant consent is similar to another application if | |
(and only if) the local planning authority think that the building and | |
works to which the applications relate are the same or substantially the | |
same. | |
(7) The determination period is— | 30 |
(a) the period prescribed for the determination of the application, | |
or | |
(b) such longer period as the applicant and the authority have | |
agreed for the determination of the application. | |
(8) For the purposes of an application for conservation area consent a | 35 |
reference to a provision of this Act is a reference to that provision as | |
excepted or modified by regulations under section 74.” | |
(4) Section 20(2) of that Act (appeals) is amended as follows— | |
(a) for “neither” there is substituted “done none of the following”; | |
(b) after paragraph (a) for “nor” there is substituted— | 40 |
“(aa) given notice to the applicant that they have exercised | |
their power under section 81A or 81B to decline to | |
determine the application;”. | |
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(5) This section has effect only in relation to applications made under the principal | |
Act or the listed buildings Act which are received by the local planning | |
authority after this section comes into force. | |
Major infrastructure projects | |
44 Major infrastructure projects | 5 |
In the principal Act the following sections are inserted before section 77 | |
(Reference of applications to the Secretary of State)— | |
“76A Major infrastructure projects | |
(1) This section applies to— | |
(a) an application for planning permission; | 10 |
(b) an application for the approval of a local planning authority | |
required under a development order, | |
if the Secretary of State thinks that the development to which the | |
application relates is of national or regional importance. | |
(2) The Secretary of State may direct that the application must be referred | 15 |
to him instead of being dealt with by the local planning authority. | |
(3) If the Secretary of State gives a direction under subsection (2) he may | |
also direct that any application— | |
(a) under or for the purposes of the planning Acts, and | |
(b) which he thinks is connected with the application mentioned in | 20 |
subsection (1) | |
must also be referred to him instead of being dealt with by the local | |
planning authority. | |
(4) If the Secretary of State gives a direction under this section— | |
(a) the application must be referred to him; | 25 |
(b) he must appoint an inspector to consider the application. | |
(5) A direction under this section or section 76B may be varied or revoked | |
by a subsequent direction. | |
(6) The decision of the Secretary of State on any application referred to him | |
under this section is final. | 30 |
(7) Regional relates to a region listed in Schedule 1 to the Regional | |
Development Agencies Act 1998 (c. 45) | |
(8) The following provisions of this Act apply (with any necessary | |
modifications) to an application referred to the Secretary of State under | |
this section as they apply to an application which falls to be determined | 35 |
by a local planning authority— | |
(a) section 70; | |
(b) section 72(1) and (5); | |
(c) section 73; | |
(d) section 73A. | 40 |
(9) A development order may apply (with or without modifications) any | |
requirements imposed by the order by virtue of section 65 or 71 to an | |
application referred to the Secretary of State under this section. | |
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