|
| |
|
(4) | The power under this section to include provision in a development |
| |
order or a local development order may be exercised differently for |
| |
| |
| |
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— |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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.” |
| |
| 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 |
| |
| 20 |
(c) | documents or other materials as are to accompany the |
| |
| |
(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 |
| |
| |
(3) | In section 198 of that Act (tree preservation orders) after subsection (7) there is |
| |
| |
“(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 |
| |
| |
(c) | the documents or other materials as are to accompany the |
| 40 |
| |
(9) | The appropriate authority is— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | particulars of such matters as are to be included in the |
| 10 |
| |
(c) | any documents or other materials which must accompany the |
| |
| |
(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 |
| |
| 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 |
| |
| |
(ab) | the documents or other materials as are to accompany such |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(3) | The condition is that in that period the Secretary of State has dismissed |
| 5 |
| |
(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 |
| |
(b) | there has been no appeal to the Secretary of State against that |
| |
| |
(5) | A relevant application is— |
| |
(a) | an application for planning permission for the development of |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| 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) | one or more of the conditions in subsections (2) to (4) is satisfied, |
| |
| 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 |
| |
(3) | The condition is that in that period the Secretary of State has dismissed |
| |
| |
(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 |
| |
| |
(b) | there has been no appeal to the Secretary of State against that |
| |
| 35 |
| |
(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 |
| |
(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 |
| |
|
| |
|
| |
|
works to which the applications relate are the same or substantially the |
| |
| |
(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 |
| |
| 20 |
| and the time within which an appeal could be made to the Secretary of |
| |
State under section 20 has not expired. |
| |
| |
(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 |
| |
| |
(7) | The determination period is— |
| 30 |
(a) | the period prescribed for the determination of the application, |
| |
| |
(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;”. |
| |
|
| |
|
| |
|
(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 |
| |
| must also be referred to him instead of being dealt with by the local |
| |
| |
(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— |
| |
| |
(b) | section 72(1) and (5); |
| |
| |
| 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. |
| |
|
| |
|