Part I Planning Authorities_cross-notes

1 Local planning authorities: general._cross-notes

(1)In a non-metropolitan county—

(a)the council of a county is the county planning authority for the county, and

(b)the council of a district is the district planning authority for the district,

and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.

[^F1(1A)Subsection (1) does not apply in relation to Wales.

^F1(1B)In Wales—

(a)the local planning authority for a county is the county council; and

(b)the local planning authority for a county borough is the county borough council.^F1]

(2)The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. [^F2 But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).^F2]

(3)^F3In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) . . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.

(4)In this Act “mineral planning authority” means—

(a)in respect of a site in a non-metropolitan county, the county planning authority; and

(b)in respect of a site in a metropolitan district or London borough, the local planning authority.

[^F4(4A)Subsection (4) does not apply in relation to Wales.

^F4(4B)As to any site in Wales, the local planning authority is also the mineral planning authority.^F4]

(5)This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—

(a)^F8[^F5this section has^F5] effect subject to [^F6sections 4Ato^F6][^F78A^F7] of this Act . . .; [^F9and^F9]

(b)subsections [^F10(1) to (2)^F10] have effect subject to sections 2 and 9; and

(c)^F11subsection (3) has effect subject to . . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them)[^F12and Part 1A of Schedule 7A (Biodiversity Gain in England: Local Planning Authority)^F12] .

[^F13(6)The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to ^F14. . . Schedule 1A.^F13]

2 Joint planning boards.

(1)If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)^F15constitute a joint board . . . as the county planning authority or, as the case may be, the district planning authority for that united district.

[^F16(1A)Subsection (1) does not apply in relation to Wales.

^F16(1B)If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board as the local planning authority for that united district.

^F16(1C)A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.^F16]

[^F17(1D)The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.^F17]

(2)The Secretary of State shall not make [^F18an order under subsection (1) or (1B)^F18] except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(3)Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—

(a)in relation to the board, shall be construed as references to that district; and

(b)in relation to any local planning authority being the council of a county [^F19or county borough^F19] or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county [^F19or county borough^F19] or district as is not so included.

(4)A joint planning board constituted by an order under subsection (1) [^F20or (1B)^F20] shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

(5)A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

(6)An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

(a)^M1may, without prejudice to the provisions of section 241 of the Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

(b)may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

(c)may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

(d)may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

[[^F21,F22(6A)Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

(6B)The provisions referred to in subsection (6A) above are—

^F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.^F22,F21]]

(7)^F24This section shall have effect subject to sections 5 to 9 of this Act . . ..

[^F252AThe Mayor of London: applications of potential strategic importance_cross-notes

(1)Where an application to which this section applies is made to a local planning authority—

(a)for planning permission[^F26or permission in principle^F26] (see section 70), or

(b)for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),

the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.

[^F27(1A)Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.^F27]

[^F28(1B)Where this section applies to an application for planning permission[^F29or permission in principle^F29] made to the Secretary of State under section 62A, the Mayor of London may direct—

(a)that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and

(b)that the Mayor of London is to be the local planning authority for the purposes of determining the application.^F28]

(2)The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) [^F30or (1B)^F30] may be prescribed by, or by directions given under, an order under this section.

(3)This section applies to an application if—

(a)the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and

(b)the application is an application of potential strategic importance.

(4)For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.

(5)So far as the context requires, in relation to—

(a)the determination of an application by virtue of this section, or

(b)the determination of a connected application by virtue of section 2B,

any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London.

This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).

(6)An order under this section—

(a)may make different provision for different cases or different [^F31areas;

(aa)may prescribe matters by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;^F31]

(b)may make provision for exceptions or exclusions.

(7)Sections 2B to 2D and 2F contain provisions supplementing this section.

2BSection 2A: supplementary provisions_cross-notes

(1)In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.

(2)A direction under section 2A must include the Mayor of London's reasons for giving it.

(3)If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.

(4)Subsection (5) applies where the Mayor of London—

(a)gives a direction under section 2A in the case of any application, and

(b)considers that an application falling within subsection (6) (the “connected application”) is connected with that application.

(5)Where this subsection applies, the Mayor of London is to be—

(a)the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or

(b)the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).

(6)The applications are—

(a)an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

(b)an application for conservation area consent under that Act,

(c)an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

(7)In subsection (6)—

(a)the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and

(b)the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

^F32(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2CMatters reserved for subsequent approval_cross-notes

(1)If the Mayor of London has—

(a)given a direction under section 2A in relation to an application (“the original application”), and

(b)granted outline planning permission,

he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made [^F33or to whom the original application would have been made had it not been made to the Secretary of State under section 62A^F33].

(2)“Outline planning permission” has the meaning given by section 92(1).

(3)If the Mayor of London has—

(a)granted an application for listed building consent which is a connected application for the purposes of section 2B, and

(b)imposed conditions requiring specified details to be approved subsequently,

he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.

2DFurther provision about orders under section 2A_cross-notes

(1)An order under section 2A may make provision—

(a)in relation to applications to which section 2A applies,

(b)in relation to applications which are connected applications by virtue of section 2B,

(c)in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),

(d)otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.

(2)The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.

(3)Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).^F25]

[^F342ESection 2A and planning obligations under section 106_cross-notes

(1)This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.

(2)Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.

(3)In this section “planning obligation” means a planning obligation under section 106.

(4)The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.

(5)Any planning obligation entered into in relation to the application—

(a)is enforceable by the Mayor of London, and

(b)is also enforceable by the local planning authority.^F34]

[^F352FRepresentation hearings_cross-notes

(1)This section applies to—

(a)an application in relation to which a direction has been given under section 2A, and

(b)an application which is a connected application for the purposes of section 2B.

(2)Before determining an application to which this section applies, the Mayor of London must give—

(a)the applicant, and

(b)the local planning authority to whom the application was made,

an opportunity to make oral representations at a hearing (“a representation hearing”).

(3)The Mayor of London must prepare and publish a document setting out—

(a)the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,

(b)the procedures to be followed at a representation hearing,

(c)arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.

(4)Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.

(5)The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—

(a)a representation hearing as it applies to a meeting of a principal council, and

(b)the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.

(6)The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.^F35]

3 Joint planning committee for Greater London.

(1)^M2The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).

(2)The joint planning committee shall—

(a)consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;

(b)inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;

(c)inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;

and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).

(3)The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.

(4)References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.

^F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F374A National Parks with National Park authorities._cross-notes

(1)Where a National Park authority has been established for any area, this section, ^F38. . ., shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority.

(2)Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly—

(a)functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the ^M3Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and

(b)so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description.

(3)For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred—

(a)in relation to some areas on the county or district planning authorities for those areas, and

(b)in relation to other areas on the councils for those areas,

shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area.

(4)The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council.

(5)For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.^F37]

5 The Broads.

(1)For the purposes of Chapter I of Part VIII [^F39, and sections 90A, 249, 250 [^F40, 293B to 293J^F40] and 300, and Schedule 7A^F39] and any other provision of this Act so far as it has effect for the purposes of those provisions, “local planning authority”, in relation to land in the Broads, includes the Broads Authority.

(2)For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.

(3)The provisions referred to in subsection (2) are [^F41Part II, sections^F41][^F4261E to 61Q,^F42] 62, [^F4365, 69 to 72^F43] , 76 to [^F4479^F44] , 91 to 95, [^F4596A^F45] to 99, 102, 103, 106 to [^F46106BC^F46] , 171C, 172, 173, [^F47173A^F47] 178, 183, 184, [^F48187A, 187B^F48] 188, 191 to 197, 211 to [^F49214, 215^F49] , 219 to 221, 224, 294, 295, 297, 299, [^F50299A^F50] 301, [^F51316 and 324(1) and (7)^F51][^F52and Schedules 4B and 4C^F52] .

6 Enterprise zones.

(1)^M4An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2)Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3)Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.

(4)The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5)Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

7 Urban development areas._cross-notes

(1)^M5Where an order is made under subsection (1) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporationspecified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

[^F537AMayoral development areas

(1)Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.

(2)The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.

(3)Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.

(4)The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

(5)If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.^F53]

8 Housing action areas.

(1)^M6Where an order is made under subsection (1) of section 67 of the Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

[^F548A The [^F55Homes and Communities^F55] Agency.

(1)Where a designation order under [^F56section 13 of the Housing and Regeneration Act 2008^F56] power to make designation orders) makes such provision as is mentioned in [^F57section 14(2)^F57] of that Act (Agency as local planning authority), the [^F58Homes and Communities^F58] Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2)^F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F54]

9 Power to make consequential and supplementary provision about authorities.

[^F60(1)^F60]Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.

[^F61(2)The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—

(a)any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;

(b)any other enactment relating to functions exercisable by or in relation to local planning authorities;

(c)any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.^F61]

^F62,F62Part II

Chapter I Unitary Development Plans: Metropolitan Areas including London_cross-notes

Preliminary

10 Application of Chapter I to Greater London and metropolitan counties.

[^F6310A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys etc.

11 Survey of planning areas.

(1)The local planning authority—

(a)shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b)may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2)Without prejudice to the generality of subsection (1), the matters to be kept under review or examined under that subsection shall include—

(a)the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b)the size, composition and distribution of the population of that area (whether resident or otherwise);

(c)without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d)any considerations not mentioned in paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;

(e)such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f)any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3)A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation and adoption of unitary development plans

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F7312A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F7413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secretary of State’s powers concerning plans

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of plans

21 Alteration or replacement of unitary development plan.

^F94[^F93(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the unitary development plan for their area; or

(b)for its replacement.

(1A)If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a)such alterations to the unitary development plan as he directs; or

(b)its replacement.

(1B)An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.

(2)^F95. . .Sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.

(3)As soon as practicable after—

(a)an order has been made under paragraph 5 of Schedule 32 to the ^M11Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

(b)a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly or partly situated shall review any unitary development plan for that area in the light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.^F93]

^F9622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F97 Greater London: conformity with spatial development strategy

^F9821A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint plans

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F10323A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10423B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10623C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

24 Disregard of certain representations.

Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a)^M12an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980;

(b)^M13,M14,M15an order or scheme under any provision replaced by the provisions mentioned in paragraph (a), namely, an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959, section 3 of the Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the Highways Act 1971; or

(c)^M16an order under section 1 of the New Towns Act 1981.

25 Default powers.

(1)Where, by virtue of any of the previous provisions of this Chapter, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a)if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

(b)in a case where a period is specified for the preparation or adoption of any such plan or proposals, if no such plan or proposals have been prepared or adopted by the local planning authority within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

(2)The previous provisions of this Chapter shall, so far as practicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State and the thing so done.

(3)The authority mentioned in subsection (1) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 Meaning of “development plan” in Greater London and metropolitan counties._cross-notes

^M17,M18For the purposes of this Act and any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a)the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b)any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

[^F11227A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Commencement of Chapter I: transitional provisions.

(1)Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.

(2)^M19Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.

(3)Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—

(a)if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;

(b)if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and

(c)Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).

(4)The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.

[^F11328A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II Structure and Local Plans: Non-Metropolitan Areas

Preliminary

[^F11429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surveys, etc.

30 Survey of planning areas.

(1)The local planning authority—

(a)shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b)may, if they think fit, at any time institute a fresh survey of their area examining those matters.

(2)Without prejudice to the generality of subsection (1), the matters to be kept under review and examined under that subsection shall include—

(a)the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b)the size, composition and distribution of the population of that area (whether resident or otherwise);

(c)without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d)any considerations not mentioned in paragraph (a), (b) or (c) which may be expected to affect any matters so mentioned;

(e)such other matters as may be prescribed or as the Secretary of State may in any particular case direct;

(f)any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3)A survey under subsection (1)(b) may relate to only part of the area of an authority; and references in subsection (2) to the area of an authority or any neighbouring areas shall be construed accordingly.

(4)A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with that other authority about those matters.

Structure plans

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F11632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12135B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F124Local plans

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Powers of Secretary of State to secure adequate publicity and consultation.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conformity between plans

[^F14246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Alteration of structure plan.

48 Local plan to prevail in cases of conflict with structure plan.

Supplementary

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F15951A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F170Chapter III General

[^F17154A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Control over development_cross-notes

Meaning of development

55 Meaning of “development” and “new development”._{cross-notesP1}

(1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

^F172(1A) For the purposes of this Act “ building operations ” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,

and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

(b)^F173the carrying out on land within the boundaries of a road by a . . . highway authority of any works required for the maintenance or improvement of the road [^F174but, in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment^F174] ;

(c)the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;

(d)the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e)the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.

^F175(g)the demolition of any description of buildingspecified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.

[^F176(2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(2B)The development order may make different provision for different purposes.^F176]

(3)For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—

(i)the superficial area of the deposit is extended, or

(ii)the height of the deposit is extended and exceeds the level of the land adjoining the site.

(4)For the purposes of this Act mining operations include—

(a)the removal of material of any description—

(i)from a mineral-working deposit;

(ii)from a deposit of pulverised fuel ash or other furnace ash or clinker; or

(iii)from a deposit of iron, steel or other metallic slags; and

(b)the extraction of minerals from a disused railway embankment.

^F177(4A)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

• “ fish farming ” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

• “ inland waters ” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

• “ tank ” includes any cage and any other structure for use in fish farming.

(5)Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

^F178(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 Time when development begun._cross-notes

(1)Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3)The provisions referred to in subsection (2) are sections [^F17961L(5) and (7),^F179][^F18070D,^F180] 85(2), 86(6), 87(4), [^F18189^F181] , [^F18290B,^F182] 91, 92, [^F18393G,^F183][^F18493H,^F184][^F18594 and 108(3E)(c)(i)^F185][^F186and paragraph 13 of Schedule 7A^F186] .

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building;

[^F187(aa)any work of demolition of a building;^F187]

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land which constitutes material development.

(5)In subsection (4)(e) “material development” means any development other than—

(a)development for which planning permission is granted by a general development order[^F188, a local development order or a Mayoral development order^F188] for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

[^F189(b)development of a class specified in paragraph 1 or 2 of Schedule 3;^F189] and

(c)development of any class prescribed for the purposes of this subsection.

(6)In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.

Requirement for planning permission

57 Planning permission required for development._cross-notes

(1)Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.

[^F190(1A)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permissionetc. for development for which development consent required).^F190]

(2)Where planning permission to developland has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3)Where by a development order[^F191, a local development order or a neighbourhood development order^F191]planning permission to developland has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4)Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.

(5)In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6)For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.

(7)Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).

58 Granting of planning permission: general._cross-notes

(1)Planning permission may be granted—

(a)by a development order[^F192, a local development order or a neighbourhood development order^F192] ;

(b)by the local planning authority (or, in the cases provided in this Part, by the Secretary of State [^F193or the Welsh Ministers^F193] ) on application to the authority [^F194(or, in the cases provided in this Part, on application to the Secretary of State [^F195or the Welsh Ministers^F195])^F194] in accordance with a development order;

(c)on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or

(d)^M33on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.

[^F196(e)by the Secretary of State in accordance with the provisions of sections 293B to 293J.^F196]

(2)Planning permission may also be deemed to be granted under section 90 (development with government authorisation).

(3)This section is without prejudice to any other provisions of this Act providing for the granting of permission.

[^F197Permission in principle

58APermission in principle: general

(1)Permission in principle may be granted for housing-led development of land in England as provided in section 59A.

(2)Permission in principle may not be granted for development consisting of the winning and working of minerals.

(3)For the effect of permission in principle, see section 70(2ZZA) to (2ZZC) (application for technical details consent must be determined in accordance with permission in principle, except after a prescribed period).

(4)A reference to permission in principle in any provision of this Act in its application to land in Wales, or in its application to functions of the Welsh Ministers or other authorities in Wales, is to be ignored.^F197]

Development orders

59 Development orders: general._P2,P3

(1)The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.

(2)A development order may either—

(a)itself grant planning permission for developmentspecified in the order or for development of any class specified; or

(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State [^F198or the Welsh Ministers^F198] ) on application to the authority [^F199(or, in the cases provided in the following provisions, on application to the Secretary of State [^F200or the Welsh Ministers^F200])^F199] in accordance with the provisions of the order.

(3)A development order may be made either—

(a)as a general order applicable, except so far as the order otherwise provides, to all land, or

(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.

[^F201(4)In this Act, references to a development order are—

(a)in relation to England, references to a development order made by the Secretary of State;

(b)in relation to Wales, references to a development order made by the Welsh Ministers.^F201]

[^F20259ADevelopment orders: permission in principle_cross-notes

(1)A development order may either—

(a)itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or

(b)provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description.

(2)In this section—

• “prescribed” means prescribed in a development order;

• “qualifying document” means a document, as it has effect from time to time, which—

  (a)

  falls within subsection (3),

  (b)

  indicates that the land in question is allocated for development for the purposes of this section, and

  (c)

  contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated.

(3)The following documents fall within this subsection—

(a)a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);

(b)a development plan document within the meaning of Part 2 of the 2004 Act (see section 37 of that Act);

(c)a neighbourhood development plan within the meaning given by section 38A of the 2004 Act.

(4)Permission in principle granted by a development order takes effect—

(a)when the qualifying document takes effect, if the land in question is allocated for development in the document at that time;

(b)otherwise, when the qualifying document is revised so that the land in question is allocated for development.

But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction.

(5)For the purposes of subsection (4)(a)—

(a)a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;

(b)a development plan document takes effect when it is adopted or approved under Part 2 of the 2004 Act;

(c)a neighbourhood development plan takes effect when it is made by the local planning authority.

(6)Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.

(7)Permission in principle granted by a development order ceases to have effect on the expiration of—

(a)five years beginning with the date on which it takes effect; or

(b)such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.

(8)Permission in principle granted by a local planning authority ceases to have effect on the expiration of—

(a)three years beginning with the date on which it takes effect; or

(b)such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.

(9)The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there.

(10)A development order—

(a)may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;

(b)may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order.

(11)In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations.

(12)In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State.

(13)In relation to an application for permission in principle which under any provision of this Part [^F203, or under section 293D,^F203] is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.^F202]

60 Permission granted by development order._P4,P5

(1)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

[^F204(1A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for building operations in England, the order may require the approval of the local planning authority, or the Secretary of State, to be obtained—

(a)for those operations, or

(b)with respect to any matters that relate to those operations, or to the use of the land in question following those operations, and are specified in the order.^F204]

(2)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings[^F205in Wales^F205] , the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.

[^F206(2A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—

(a)for the use of the land for the new use;

(b)with respect to matters that relate to the new use and are specified in the order.

(2B)Without prejudice to the generality of [^F207subsections (1) and (1A)^F207], a development order may include provision for ensuring—

(a)that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—

(i)a written description, and a plan, of the proposed development are given to the local planning authority,

(ii)notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and

(iii)that period has ended, and

(b)that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.

(2C)In subsection (2B) “adjoining premises” includes any land adjoining—

(a)the dwelling house concerned, or

(b)the boundary of its curtilage.^F206]

(3)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—

(a)in relation to development in a particular area, or

(b)in relation to any particular development.

(4)Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

61 Development orders: supplementary provisions._P6

(1)A general development order may make different provision with respect to different descriptions of land.

(2)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—

(a)shall not apply to any developmentspecified in the order, or

(b)shall apply to it subject to such modifications as may be so specified.

(3)In subsection (2) “pre 1947 Act enactment” means—

(a)any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and

(b)^M34any enactment contained in the Highways Act 1980 which—

(i)^M35is an enactment derived from the Highways Act 1959, and

(ii)re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).

[^F208Local development orders

61ALocal development orders

(1)[^F209A local planning authority may by order (a local development order) make provision to implement policies—

(a)in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);

(b)in a local development plan (within the meaning of Part 6 of that Act).^F209]

(2)[^F210A local planning authority may by order (a local development order)^F210] grant planning permission—

(a)for developmentspecified in the order;

(b)for development of any class so specified.

(3)A local development order may relate to—

(a)all land in the area of the relevant authority;

(b)any part of that land;

(c)a site specified in the order.

(4)A local development order may make different provision for different descriptions of land.

(5)But a development order may specify any area or class of development in respect of which a local development order must not be made.

(6)A local planning authority may revoke a local development order at any time.

(7)Schedule 4A makes provision in connection with local development orders.

61BIntervention by Secretary of State or National Assembly_cross-notes

(1)At any time before a local development order is adopted by a local planning authority[^F211in Wales,^F211] 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)—

(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 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 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).

(6)If the appropriate authority thinks that a local development order[^F212being prepared by a local planning authority in Wales^F212] is unsatisfactory—

(a)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;

(b)if it gives such a direction it must state its reasons for doing so.

(7)The local planning authority—

(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.

[^F213(7A)Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.^F213]

(8)The appropriate authority—

(a)may at any time by order revoke a local development order if it thinks it is expedient to do so;

(b)must, if it revokes a local development order, state its reasons for doing 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.

(10)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales.

61CPermission granted by local development order

(1)Planning permission granted by a local development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(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.^F208]

[^F21461DEffect of revision or revocation of development order on incomplete development

(1)A development order or local development order may include provision permitting the completion of development if —

(a)planning permission is granted by the order in respect of the development, and

(b)the planning permission is withdrawn at a time after the development is started but before it is completed.

(2)Planning permission granted by a development order is withdrawn—

(a)if the order is revoked;

(b)if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(3)Planning permission granted by a local development order is withdrawn—

(a)if the order is revoked under section 61A(6) or 61B(8);

(b)if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(c)by the issue of a direction under powers conferred by the order.

(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.^F214]

[^F215Mayoral development orders

61DAMayoral development orders

(1)The Mayor of London may by order (a Mayoral development order) grant planning permission for developmentspecified in the order on one or more sites specified in the order.

(2)The site or sites must fall within—

(a)the area of a local planning authority in Greater London, or

(b)the areas of two or more local planning authorities in Greater London.

(3)The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.

61DBPermission granted by Mayoral development order

(1)Planning permission granted by a Mayoral development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.

(3)A person specified in a condition must be the Mayor of London or a relevant local planning authority.

(4)The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.

(5)In subsection (4) “specified” means specified, or of a description specified, in the development order.

(6)The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.

(7)A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.

(8)So far as the context requires, in relation to—

(a)an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or

(b)the determination of such an application,

any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.

(9)For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.

61DCPreparation and making of Mayoral development order

(1)The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.

(2)A development order under subsection (1) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

(3)A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.

(4)A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.

(5)A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.

(6)If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.

61DDRevision or revocation of Mayoral development order

(1)The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.

(2)The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).

(3)The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.

(4)The power under subsection (3) is to be exercised by order made by the Secretary of State.

(5)If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.

(6)The Secretary of State may by development order make provision about—

(a)the steps to be taken by the Secretary of State before giving a direction or making an order under this section;

(b)the procedure for the revision or revocation of a Mayoral development order.

(7)A development order under subsection (6) may in particular make provision about—

(a)notice, publicity and inspection by the public;

(b)consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c)the making and consideration of representations.

61DEEffect of revision or revocation on incomplete development

(1)This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.

(2)For this purpose planning permission for development granted by a Mayoral development order is withdrawn—

(a)if the order is revoked under section 61DD, or

(b)if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.

(3)The development may, despite the withdrawal of the permission, be completed, subject as follows.

(4)If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to developmentspecified in the determination.

(5)A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.

(6)If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to developmentspecified in that order.

(7)If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to developmentspecified in the order.

(8)The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.^F215]

[^F216Neighbourhood development orders

61ENeighbourhood development orders

(1)Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.

(2)A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood areaspecified in the order—

(a)for developmentspecified in the order, or

(b)for development of any class specified in the order.

(3)Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—

(a)provision for independent examination of orders proposed by qualifying bodies, and

(b)provision for the holding of referendums on orders proposed by those bodies.

(4)A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—

(a)must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and

(b)if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held [^F217and, in any event, by such date as may be prescribed^F217].

(5)If—

(a)there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and

(b)in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood development order to which the proposal relates.

(6)A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.

(7)For the meaning of “neighbourhood area”, see sections 61G and 61I(1).

(8)The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any [[^F218,F219assimilated^F219] obligation^F218] or any of the Convention rights (within the meaning of the Human Rights Act 1998).

(9)Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).

(10)The regulations may in particular make provision—

(a)for the holding of an examination,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity,

(e)as to the information and documents that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public, and

(h)as to the making and consideration of representations (including the time by which representations must be made).

(11)The authority must publish in such manner as may be prescribed—

(a)their decision to act under subsection (4) or (8),

(b)their reasons for making that decision, and

(c)such other matters relating to that decision as may be prescribed.

(12)The authority must send a copy of the matters required to be published to—

(a)the qualifying body that initiated the process for the making of the order, and

(b)such other persons as may be prescribed.

(13)A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.

61FAuthorisation to act in relation to neighbourhood areas_cross-notes

(1)For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.

(2)If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.

(3)For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.

(4)An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.

(5)A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—

(a)it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),

(b)its membership is open to—

(i)individuals who live in the neighbourhood area concerned,

(ii)individuals who work there (whether for businesses carried on there or otherwise), and

(iii)individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(c)its membership includes a minimum of 21 individuals each of whom—

(i)lives in the neighbourhood area concerned,

(ii)works there (whether for a business carried on there or otherwise), or

(iii)is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,

(d)it has a written constitution, and

(e)such other conditions as may be prescribed.

(6)A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribedconditions.

(7)A local planning authority—

(a)must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—

(i)which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),

(ii)whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and

(iii)whose purpose reflects (in general terms) the character of that area,

(b)may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,

(c)may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and

(d)must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.

(8)A designation—

(a)ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and

(b)in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.

[^F220(8A)A designation ceases to have effect if—

(a)a new parish council is created or there is a change in the area of a parish council, and

(b)as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.

(8B)The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.^F220]

(9)A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—

(a)the conditions by reference to which it was designated, or

(b)any other criteria to which the authority were required to have regard in making the designation;

and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.

(10)A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.

(11)Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.

(12)Regulations—

(a)may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and

(b)may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).

(13)The regulations may in particular make provision—

(a)as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,

(b)as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,

(c)suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,

(d)for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and

(e)requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.

61GMeaning of “neighbourhood area”_cross-notes

(1)A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—

(a)a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and

(b)the authority are determining the application (but see subsection (5)).

(2)A “relevant body” means—

(a)a parish council, or

(b)an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).

(3)The specified area—

(a)in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and

(b)in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.

(4)In determining an application the authority must have regard to—

(a)the desirability of designating the whole of the area of a parish council as a neighbourhood area, and

(b)the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.

(5)If—

(a)a valid application is made to the authority,

(b)some or all of the specified area has not been designated as a neighbourhood area, and

(c)the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,

the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.

(6)The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.

[^F221(6A)The power in subsection (6) to modify designations already made includes power—

(a)to change the boundary of an existing neighbourhood area,

(b)to replace an existing neighbourhood area with two or more separate neighbourhood areas, and

(c)to replace two or more existing neighbourhood areas with a single neighbourhood area.

(6B)A neighbourhood area created by virtue of subsection (6A)(b) may have the boundary created by splitting it from the existing area or a different boundary.

(6C)A neighbourhood area created by virtue of subsection (6A)(c) may have the boundary created by combining the existing areas or a different boundary.

(6D)A modification under subsection (6) of a designation already made does not affect the continuation in force of a neighbourhood development order even though as a result of the modification—

(a)it no longer relates to a neighbourhood area, or

(b)it relates to more than one neighbourhood area.^F221]

(7)The areas designated as neighbourhood areas must not overlap with each other.

(8)A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.

(9)If the authority refuse an application, they must give reasons to the applicant for refusing the application.

(10)In this section “specified”, in relation to an application, means specified in the application.

(11)Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—

(a)as to the procedure to be followed in relation to designations,

(b)as to the giving of notice and publicity in connection with designations,

(c)as to consultation with and participation by the public in relation to designations,

(d)as to the making and consideration of representations about designations (including the time by which representations must be made),

(e)as to the form and content of applications for designations,

(f)requiring an application for a designation to be determined by a prescribed date,

(g)entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and

(h)about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).

[^F222(12)Regulations under subsection (11) may provide that where an application under this section—

(a)meets prescribed criteria, or

(b)has not been determined within a prescribed period,

the local planning authority must, except in prescribed cases or circumstances, exercise their powers under this section to designate the specified area as a neighbourhood area.

(13)The reference in subsection (12) to the designation of an area as a neighbourhood area includes the modification under subsection (6) of a designation already made.^F222]

61HNeighbourhood areas designated as business areas

(1)Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.

(2)The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.

(3)The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.

(4)The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.

61INeighbourhood areas in areas of two or more local planning authorities_cross-notes

(1)The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.

(2)Regulations may make provision in connection with—

(a)the operation of subsection (1), and

(b)the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.

(3)The regulations may in particular make provision—

(a)modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),

(b)applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,

(c)requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and

(d)conferring powers or imposing duties on local planning authorities.

61JProvision that may be made by neighbourhood development order

(1)A neighbourhood development order may make provision in relation to—

(a)all land in the neighbourhood area specified in the order,

(b)any part of that land, or

(c)a site in that area specified in the order.

(2)A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.

(3)For the meaning of “excluded development”, see section 61K.

(4)A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.

(5)A neighbourhood development order may not relate to more than one neighbourhood area.

[^F223(5A)Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).^F223]

(6)A neighbourhood development order may make different provision for different cases or circumstances.

61KMeaning of “excluded development”_cross-notes

The following development is excluded development for the purposes of section 61J—

(a)development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,

(b)development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (wastedevelopment) but that does not consist of development of a prescribed description,

(c)development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

(d)development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),

(e)prescribeddevelopment or development of a prescribed description, and

(f)development in a prescribed area or an area of a prescribed description.

61LPermission granted by neighbourhood development orders

(1)Planning permission granted by a neighbourhood development order may be granted—

(a)unconditionally, or

(b)subject to such conditions or limitations as are specified in the order.

(2)The conditions that may be specified include—

(a)obtaining the approval of the local planning authority who made the order but not of anyone else, and

(b)provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.

(3)Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.

(4)The regulations may in particular make provision—

(a)as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),

(b)requiring parish councils in prescribed circumstances to cease determining applications for approvals,

(c)conferring powers or imposing duties on local planning authorities,

(d)treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),

(e)applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and

(f)disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.

(5)A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.

(6)Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).

(7)If—

(a)planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and

(b)the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8)But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to developmentspecified in the order under that section.

61MRevocation or modification of neighbourhood development orders_cross-notes

(1)The Secretary of State may by order revoke a neighbourhood development order.

(2)A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.

(3)If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.

(4)A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.

[^F224(4A)A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.^F224]

(5)If the qualifying body that initiated the process for the making of [^F225the neighbourhood development order mentioned in subsection (4) or (4A)^F225] is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) [^F226or (4A)^F226] is exercisable only with that body's consent.

(6)A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.

(7)Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.

(8)The regulations may in particular make provision—

(a)for the holding of an examination in relation to a revocation proposed to be made by the authority,

(b)as to the payment by a local planning authority of remuneration and expenses of the examiner,

(c)as to the award of costs by the examiner,

(d)as to the giving of notice and publicity in connection with a revocation or modification,

(e)as to the information and documents relating to a revocation or modification that are to be made available to the public,

(f)as to the making of reasonable charges for anything provided as a result of the regulations,

(g)as to consultation with and participation by the public in relation to a revocation, and

(h)as to the making and consideration of representations about a revocation (including the time by which representations must be made).

61NLegal challenges in relation to neighbourhood development orders_cross-notes

(1)A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [^F227the day after^F227] the day on which the decision is published.

(2)A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) [^F228or paragraph 13B of that Schedule (intervention powers of Secretary of State)^F228] only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the period of 6 weeks beginning with [^F229the day after^F229] the day on which the decision is published.

(3)A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed [^F230before the end of^F230] the period of 6 weeks beginning with [^F231the day after^F231] the day on which the result of the referendum is declared.

61OGuidance_cross-notes

Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).

61PProvision as to the making of certain decisions by local planning authorities_cross-notes

(1)Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).

(2)The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).

61QCommunity right to build orders

Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).^F216]

[^F232Street vote development orders

61QAStreet vote development orders

(1)A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.

(2)A “street vote development order” is an order which grants planning permission in relation to a particular street areaspecified in the order—

(a)for developmentspecified in the order, or

(b)for development of any description or class specified in the order.

61QBQualifying groups

(1)A “qualifying group”, in relation to a street vote development order, is a group of individuals—

(a)each of whom on the prescribed date meet the conditions in subsection (2), and

(b)comprised of at least—

(i)the prescribed number, or

(ii)the prescribed proportion of persons of a prescribed description.

(2)The conditions are that the individual—

(a)is entitled to vote in—

(i)an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or

(ii)an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,

(b)has a qualifying address for that election which is in the street area that the street vote development order would relate to, and

(c)does not have an anonymous entry in the register of local government electors.

(3)A “relevant council” means—

(a)a district council,

(b)a London borough council,

(c)a metropolitan district council, or

(d)a county council in relation to any area in England for which there is no district council.

(4)For the purposes of this section—

(a)“anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;

(b)“Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;

(c)the Inner Temple and the Middle Temple are to be treated as forming part of the City of London;

(d)“qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.

61QCMeaning of “street area”

(1)A “street area” means an area in England—

(a)which is of a prescribed description, and

(b)no part of which is within an excluded area.

(2)An “excluded area” means—

(a)a National Park or the Broads;

(b)an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;

(c)an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981;

(d)an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;

(e)an area identified as green belt land, local green space or metropolitan open land in a development plan;

(f)a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(g)such other area as may be specified or described in regulations made by the Secretary of State.

(3)In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).

61QDProcess for making street vote development orders

(1)The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.

(2)SVDO regulations must, in particular, make provision—

(a)for the appointment by the Secretary of State of a person to—

(i)handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals,

(ii)carry out the independent examination of such proposals, and

(iii)to make street vote development orders on the Secretary of State’s behalf,

(and for the above purposes the same or different persons may be appointed);

(b)as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.

(3)SVDO regulations may, in particular, include provision as to—

(a)the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);

(b)the form and content of a street vote proposal;

(c)the information and documents (if any) which must accompany a street vote proposal;

(d)the circumstances and the way in which a proposal may be withdrawn;

(e)the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;

(f)the circumstances in which an appointed person may or must decline to consider or reject a proposal;

(g)the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;

(h)the functions of the independent examination in relation to the proposal;

(i)the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);

(j)the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);

(k)the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);

(l)the award of costs in connection with an examination;

(m)the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);

(n)the payment by a local planning authority of remuneration and expenses relating to the examination;

(o)the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);

(p)cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);

(q)requirements about the giving of notice and publicity;

(r)the information and documents that are to be made available to the public;

(s)consultation with and participation by the public or prescribed persons;

(t)the making and consideration of representations;

(u)the determination of the time by or at which anything must be done in connection with street vote development orders;

(v)the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;

(w)the making of reasonable charges for anything done in connection with street vote development orders;

(x)when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.

61QEReferendums

(1)SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—

(a)as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;

(b)the functions of such councils in relation to the referendum;

(c)dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);

(d)prescribing a date by which the referendum must be held or before which it cannot be held;

(e)as to the question to be asked in the referendum and any explanatory material in relation to that question;

(f)as to voter eligibility for the referendum;

(g)as to the publicity to be given in connection with the referendum;

(h)as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);

(i)about the limitation of expenditure in connection with the referendum;

(j)as to the conduct of the referendum;

(k)as to when, where and how voting in the referendum is to take place;

(l)as to how the votes cast are to be counted;

(m)about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;

(n)about the combination of polls at the referendum with polls at another referendum or at any election;

(o)as to the threshold of votes that must be met before a street vote development order may be made.

(2)For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.

(3)But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

(4)Before making provision within this section, the Secretary of State must consult the Electoral Commission.

(5)In this section “enactment” means an enactment, whenever passed or made.

61QFRegulations: general provision

SVDO regulations may—

(a)provide for exemptions (including exemptions which are subject to prescribedconditions);

(b)confer a function, including a function involving the exercise of a discretion, on any person.

61QGProvision that may be made by a street vote development order

(1)A street vote development order may make provision in relation to—

(a)all land in the street areaspecified in the order,

(b)any part of that land, or

(c)a site in that area specified in the order.

(2)A street vote development order may only provide for the granting of planning permission for any development that—

(a)is prescribeddevelopment or development of a prescribed description or class,

(b)is not excluded development, and

(c)satisfies any further prescribedconditions.

(3)A street vote development order may make different provision for different purposes.

61QHMeaning of “excluded development”

The following development is excluded development for the purposes of section 61QG(2)(b) —

(a)development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

(b)Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);

(c)development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008);

(d)development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;

(e)development consisting of the winning and working of minerals;

(f)such other development as may be specified or described in regulations made by the Secretary of State.

61QIPermission granted by street vote development orders

(1)The granting of planning permission by a street vote development order is subject to—

(a)any prescribedconditions or limitations or conditions or limitations of a prescribed description, and

(b)such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).

(2)The conditions that may be specified include a condition that unless a relevant obligation is entered into—

(a)the development authorised by the planning permission or any description of such development must not be begun, or

(b)anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.

(3)A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.

(4)But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—

(a)is necessary to make the developmentspecified in the order acceptable in planning terms,

(b)is directly related to the development,

(c)is fairly and reasonably related in scale and kind to the development, and

(d)satisfies such other requirements as may be specified in regulations made by the Secretary of State.

(5)The Secretary of State may by regulations provide that—

(a)conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),

(b)conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or

(c)no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description.

(6)A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.

(7)If—

(a)planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and

(b)the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8)But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to developmentspecified in the order under that section.

(9)In this section “relevant obligation” means—

(a)an obligation under section 106 (planning obligations), or

(b)an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).

61QJRevocation or modification of street vote development orders

(1)The Secretary of State may by order revoke or modify a street vote development order.

(2)A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.

(3)If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation.

(4)An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.

(5)A modification of a street vote development order is to be done by replacing the order with a new one containing the modification.

(6)Regulations may make provision in connection with the revocation or modification of a street vote development order.

(7)The regulations may, in particular, include provision as to—

(a)the giving of notice and publicity in connection with a revocation or modification;

(b)the information and documents relating to a revocation or modification that are to be made available to the public;

(c)the making of reasonable charges for anything provided as a result of the regulations;

(d)consultation with and participation by the public in relation to a revocation or modification;

(e)the making and consideration of representations about a revocation or modification (including the time by which representations must be made).

61QKFinancial assistance in relation to street votes

(1)The Secretary of State may do anything that the Secretary of State considers appropriate—

(a)for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or

(b)for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.

(2)The things that the Secretary of State may do under this section include, in particular—

(a)the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and

(b)the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).

(3)In this section—

(a)the reference to giving advice or assistance includes providing training or education;

(b)any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

61QLStreet votes: connected modifications

The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.

61QMInterpretation

In sections 61QA to 61QL—

• “an appointed person” means a person appointed in accordance with section 61QD(2)(a);

• “excluded development” has the meaning given by section 61QH;

• “qualifying group” has the meaning given by section 61QB;

• “relevant council” has the meaning given by section 61QB(3);

• “street area” has the meaning given by section 61QC;

• “street vote development order” has the meaning given by section 61QA(2);

• “street vote proposal” has the meaning given by section 61QD(2)(a)(i);

• “SVDO regulations” has the meaning given by section 61QD(1).^F232]

[[^F233,F234England: consultation^F234] before applying for planning permission [^F235or permission in principle^F235]

61W[^F236England: requirement^F236] to carry out pre-application consultation_cross-notes

(1)Where—

(a)a person proposes to make an application for planning permission[^F237, or permission in principle,^F237] for the development of any land in England, and

(b)the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

(2)The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

(3)The person must consult each specified person about the proposed application.

(4)Publicity under subsection (2) must—

(a)set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(5)In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

(6)Subsection (1) does not apply—

(a)if the proposed application is an application under section [^F238293A^F238][^F238293B^F238], or

(b)in cases specified in a development order.

(7)A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

61XDuty to take account of responses to consultation

(1)Subsection (2) applies where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission[^F239or permission in principle^F239], and

(b)proposes to go ahead with making an application for planning permission[^F239or permission in principle^F239] (whether or not in the same terms as the proposed application).

(2)The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

61YPower to make supplementary provision

(1)A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission[^F240or permission in principle^F240].

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision about, or in connection with, publicising the proposed application;

(b)provision about, or in connection with, the ways of responding to the publicity;

(c)provision about, or in connection with, consultation under section 61W(3);

(d)provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

(e)provision as to the timetable (including deadlines) for—

(i)compliance with section 61W(1),

(ii)responding to publicity under section 61W(2), or

(iii)responding to consultation under section 61W(3);

(f)provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

(g)provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

(3)Provision under subsection (1) may be different for different cases.^F233]

[^F241Wales: pre-application procedure

61ZWales: requirement to carry out pre-application consultation

(1)This section applies where—

(a)a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b)the proposed development is development of a description specified in a development order.

(2)The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3)The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4)The applicant must consult each specified person about the proposed application.

(5)Publicity under subsection (3) must—

(a)set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6)For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7)Subsection (2) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(8)A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9)That provision may include —

(a)provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b)provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(c)provision about the timetable (including deadlines) for consultation;

(d)provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).^F241]

[^F24261Z1Wales: pre-application services

(1)The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.

(2)Regulations under this section may, in particular, make provision—

(a)about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b)about the nature of the services required to be provided, and when and how they are to be provided;

(c)for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;

(d)about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(3)References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.

(4)A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.

61Z2Pre-application services: records and statement of services

(1)The Welsh Ministers may by regulations make provision requiring—

(a)records to be kept of requests for pre-application services;

(b)records to be kept of pre-application services provided;

(c)a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.

(2)The regulations may, in particular, include provision about—

(a)the form and content of the records to be kept;

(b)the form and content of the statement;

(c)the way in which records are to be kept;

(d)the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.

^F243(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F242]

Applications for planning permission [^F244or permission in principle^F244]

[^F24662 Applications for planning permission [^F245or permission in principle^F245] ._cross-notes

(1)A development order may make provision as to applications for planning permission[^F247or permission in principle^F247] 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;

(c)documents or other materials as are to accompany the application.

[^F248(2A)In subsections (1) and (2) references to applications for planning permission include references to [^F249—

[^F250(za)applications for any consent, agreement or approval required by a condition under section 61C(1)(b),^F250]

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), [^F251and^F251]

(b)^F249] applications for approval under section 61L(2) [^F252, and

(c)applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).^F252,F248]]

(3)The local planning authority may require that an application for planning permission must include—

(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).

[^F253(4A)Also, a requirement under subsection (3) in respect of an application ^F254...—

(a)must be reasonable having regard, in particular, to the nature and scale of the proposed development; and

(b)may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.^F253]

(5)A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—

(a)a statement about the design principles and concepts that have been applied to the development;

(b)a statement about how issues relating to access to the development have been dealt with.

(6)The form and content of a statement mentioned in subsection (5) is such as is required by the development order.^F246]

[^F255(7)In subsection (8) “a relevant application” means the application for planning permission[^F256or permission in principle^F256] in a case where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission[^F257or permission in principle^F257], and

(b)is going ahead with making an application for planning permission[^F257or permission in principle^F257] (whether or not in the same terms as the proposed application).

(8)A development order must require that a relevant application be accompanied by particulars of—

(a)how the person complied with section 61W(1),

(b)any responses to the consultation that were received by the person, and

(c)the account taken of those responses.^F255]

[^F258(9)In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—

(a)has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and

(b)is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).

(10)A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—

(a)how the applicant complied with section 61Z;

(b)any responses to the consultation received from persons consulted under section 61Z(3) or (4);

(c)the account taken of those responses.

(11)A development order may make provision about the form and content of the pre-application consultation report.^F258]

[^F259Wales: appeal against notice that application is not valid

62ZAWales: notice that application is not valid

(1)This section applies where an application is made to a local planning authority in Wales—

(a)for planning permission, or

(b)for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2)In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3)The notice must—

(a)identify the requirement in question, and

(b)set out the authority's reasons for thinking the application does not comply with it.

(4)In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a)the application does not comply with the terms of the planning permission in question, or

(b)a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5)The notice must identify—

(a)the information, documents or materials in question, and

(b)the paragraph of subsection (4) which the authority think applies.

(6)A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).

(7)A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a)the local planning authority must not entertain the application (see section 327A), or

(b)the period prescribed under section 78(2) does not begin to run in relation to the application.

62ZBRight to appeal to Welsh Ministers against notice

(1)If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2)In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a)that the application complies with the requirement identified in the notice given under section 62ZA(2);

(b)that the application is not one to which the requirement applies;

(c)that the requirement is not a validation requirement in relation to the application;

(d)in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3)In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a)that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b)in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c)in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4)The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5)The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6)The appeal is to be determined on the basis of representations in writing.

(7)The Welsh Ministers must either—

(a)dismiss the appeal, or

(b)quash or vary the notice to which it relates.

(8)The Welsh Ministers' decision on the appeal is final.

62ZCAppeals under section 62ZB: determination by appointed person

(1)Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2)In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3)At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a)revoke the person's appointment, and

(b)appoint another person under subsection (1) to determine the appeal.

(4)An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5)An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6)The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

62ZDAppeals under section 62ZB: determination by Welsh Ministers in place of appointed person

(1)The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2)The Welsh Ministers must serve a copy of the direction on—

(a)the person (if any) appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(3)In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4)The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5)The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a)the person (if any) previously appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(6)Where the Welsh Ministers give a direction under subsection (4)—

(a)they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b)anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c)subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.^F259]

[^F260England: option to make application directly to Secretary of State^F260]

[^F26162AWhen application may be made directly to Secretary of State

(1)A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—

[^F262(a)the local planning authority concerned is designated by the Secretary of State for applications of a description specified in the designation; and

(b)the application falls within that description.^F262]

[^F263(1A)Only prescribed descriptions of application may be specified in a designation under subsection (1).^F263]

[^F264(2)In this section “relevant application” means—

(a)an application for planning permission, or permission in principle, for the development of land in England, or

(b)an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,