Statutory Instruments
2017 No. 276
Town And Country Planning, England
The Housing and Planning Act 2016 (Permission in Principle etc ) (Miscellaneous Amendments) (England) Regulations 2017
Made
6th March 2017
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 15C(5) of the Commons Act 2006( 1 ) and section 213 of the Housing and Planning Act 2016( 2 ), makes the following Regulations.
A draft of this instrument was laid before Parliament under section 59(3A) of the Commons Act 2006 and section 214(2) of the Housing and Planning Act 2016 and approved by resolution of both Houses of Parliament.
Citation and commencement
1. These Regulations may be cited as the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 and come into force on the twenty-first day after the day on which they are made.
Consequential amendment to the Local Government Act 1972
2. —(1)Schedule 12A to the Local Government Act 1972( 3 ) is amended as follows.
(2) In paragraph 9 (access to information: qualifications to exempt information), after “planning permission” insert “or permission in principle( 4 )”.
Consequential amendment to the Town and Country Planning Act 1990
3. —(1)The Town and Country Planning Act 1990( 5 ) is amended as follows.
(2) In section 69 (register of applications etc)—
(a) in paragraph (2) for “and (aa)” substitute “, (aa) and (aza)”; and
(b) in paragraph (4) after “(aa)” insert “, (aza)”.
(3) In section 75 (effect of planning permission)—
(a) in the heading, after “planning permission” insert “or permission in principle”; and
(b) in subsection (1), after “planning permission”, in both places, insert “or permission in principle”.
(4) In section 96A (non-material changes to planning permission)—
(a) in the heading, after “planning permission” insert “or permission in principle”;
(b) in subsection (1) after “planning permission” insert “, or any permission in principle (granted following an application to the authority),”;
(c) in subsections (2), (4), (6) and (7) after “planning permission”, in each place, insert “or permission in principle”; and
(d) in subsection (3), after “includes power” insert “to make a change to a planning permission”.
(5) In section 100 (revocation and modification of planning permission by the Secretary of State), in the heading, after “planning permission” insert “or permission in principle”.
Consequential amendment to the Planning (Hazardous Substances) Act 1990
4. —(1)The Planning (Hazardous Substances) Act 1990( 6 ) is amended as follows.
(2) In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations), after “planning permission” insert “, permission in principle( 7 )”.
Amendment to the Commons Act 2006
5. —(1)Schedule 1A (exclusion of right under section 15) to the Commons Act 2006( 8 ) is amended as follows.
(2) After paragraph 4 in the Table set out in Schedule 1A insert—
“ 4A. A local planning authority first publicise their intention to enter land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section. | The period of 10 weeks, beginning with the date of first publication of their intention, expires without the land being entered on Part 2 of the register. |
4B. A local planning authority first publicise the entry of land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section. | A permission in principle granted under section 59A(1)(a) of the Town and Country Planning Act 1990, in relation to the land allocated for development in the register, expires by virtue of section 59A(7). ” |
Signed by authority of the Secretary of State for Communities and Local Government
Gavin Barwell
Minister of State
Department for Communities and Local Government
6th March 2017
2006 c. 26 . Sections 15C and 59(3A) were inserted by the Growth and Infrastructure Act 2013 (c. 27) .
1972 c. 70 . Schedule 12A was inserted by section 1 of the Local Government (Access to Information) Act 1985 and substituted by S.I. 2006/88 .
Permission in principle and its effect are described in sections 58A and 70(2ZZA) to (2ZZC) of the Town and Country Planning Act 1990 (c. 8) .
1990 c. 8 . Section 69 was substituted by paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5) and section 69(2) and (4) were amended by section 190 of the Planning Act 2008 (c. 29) , there are other amendments not relevant to this instrument. Section 96A was inserted by section 190 of the Planning Act 2008 (c. 29) .
1990 c. 10 . Section 9(2)(c) was amended by section 36 of, and paragraph 43 of Schedule 2 to, the Planning Act 2008 (c. 29) .
Permission in principle and its effect are described in sections 58A and 70(2ZZA) to (2ZZC) of the Town and Country Planning Act 1990 (c. 8) .
2006 c. 26 . Schedule 1A was inserted by section 16(2) of, and Schedule 4 to, the Growth and Infrastructure Act 2013 (c. 27) , there are other amendments to Schedule 1A not relevant to this instrument.