Citation, commencement and extent

1. —(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002 and shall come into force on 1st July 2002.

(2) This Order extends to England only.

Interpretation

2. In this Order—

“the 1995 Order” means the Town and Country Planning (General Development Procedure) Order 1995( 2 ).

Changes to article 1: Interpretation

3. In article 1(2) of the 1995 Order—

(a) after the definition of “outline planning permission” insert—

“ “planning obligation” means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the Act ( 3 ) ; ” ; and

(b) after the definition of “reserved matters” insert—

“ “section 278 agreement” means an agreement entered into pursuant to section 278 of the Highways Act 1980 ( 4 ) ; ” .

Changes to article 25: Register of applications

4. In article 25 of the 1995 Order—

(1) Delete paragraph (3) and substitute the following—

“ (3) Part I of the register shall contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of—

(a) a copy (which may be photographic) of the application together with any accompanying plans and drawings;

(b) a copy (which may be photographic) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

(c) a copy (which may be photographic) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and

(d) particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c) above. ”

(2) After paragraph (4)(e) insert—

“ (f) a copy (which may be photographic) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

(g) a copy (which may be photographic) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

(h) particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part II of the register in accordance with sub-paragraphs (f) and (g) above and paragraph (5) below. ” .

(3) In paragraph (5) after “effect of the Secretary of State’s decision” insert—

• “ together with a copy (which may be photographic) of—

  (a)

  any planning obligation or section 278 agreement entered into in connection with the decision; and

  (b)

  any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision. ” .