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PART III continued
(1) Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
(3) If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
(1) This section applies to the grant by the planning authority of an application for planning permission in respect of any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.).
(2) The planning authority shall, when granting the planning permission, draw the attention of the person to whom the permission is granted to the section or sections in question.
(1) The Secretary of State may give directions requiring any such applications as are mentioned in section 34(2) to be referred to him instead of being dealt with by planning authorities.
(2) A direction under this section—
(a) may be given either to a particular planning authority or to planning authorities generally, and
(b) may relate either to a particular application or to applications of a class specified in the direction.
(3) Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State.
(4) Subject to subsection (5), where an application is referred to the Secretary of State under this section—
(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and paragraphs 2 to 6 of Schedule 3 shall apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority, and
(b) regulations or a development order may apply, with or without modifications, to an application so referred any requirements imposed by the regulations or order by virtue of section 34 or 35.
(5) Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the planning authority so wish, give to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(6) Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 69.
(7) The decision of the Secretary of State on any application referred to him under this section shall be final.
(1) Where a planning authority—
(a) refuse an application for planning permission or grant it subject to conditions,
(b) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions, or
(c) refuse an application for any approval of that authority required under a development order or grant it subject to conditions,
the applicant may appeal to the Secretary of State.
(2) A person who has made such an application may also appeal to the Secretary of State if the planning authority have not given to the applicant—
(a) notice of their decision on the application,
(b) notice that they have exercised their power under section 39 to decline to determine the application, or
(c) notice that the application has been referred to the Secretary of State in accordance with directions given under section 46,
within such period as may be prescribed by regulations or a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(3) Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by regulations or a development order.
(4) The time prescribed for the service of such a notice must not be less than—
(a) 28 days from the date of the notification of the decision, or
(b) in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
(5) For the purposes of the application of sections 48(1) and 218(1)(b) and paragraph 2(2)(c) of Schedule 16 in relation to an appeal under subsection (2), the authority shall be deemed to have decided to refuse the application in question.
(1) On an appeal under section 47 the Secretary of State may—
(a) allow or dismiss the appeal, or
(b) reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
(2) Before determining the appeal the Secretary of State shall, if either the appellant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(3) If the Secretary of State proposes to reverse or vary any part of the decision of the planning authority to which the appeal does not relate, he shall give notice of his intention to the planning authority and to the appellant and shall give each of them an opportunity of making representations about his proposals.
(4) Subsection (2) does not apply to an appeal referred to—
(a) a Planning Inquiry Commission under section 69, or
(b) a Joint Planning Inquiry Commission under section 70.
(5) Subject to subsection (2), in relation to an appeal to the Secretary of State under section 47—
(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and Part I of Schedule 3 shall apply, with any necessary modifications, as they apply in relation to an application for planning permission which falls to be determined by the planning authority, and
(b) regulations or a development order may apply, with or without modifications, to such an appeal any requirements imposed by the regulations or order by virtue of section 34 or 35.
(6) The decision of the Secretary of State on such an appeal shall be final.
(7) If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 37 and 41(1) and (2), any regulations made under this Act in that regard and of any development order and any directions given under such regulations or order, planning permission for that development—
(a) could not have been granted by the planning authority, or
(b) could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
(8) If at any time before or during the determination of an appeal under section 47 it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and
(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
(9) Schedule 4 applies to appeals under section 47, including appeals under that section as applied by or under any other provision of this Act.
(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—
(a) for development specified in the scheme, or
(b) for development of any class so specified.
(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.
(1) Every planning authority shall consider, as soon as practicable after 1st October 1987, the question for which part or parts of their district a simplified planning zone scheme is desirable, and then shall keep that question under review.
(2) If as a result of their original consideration or of any such review a planning authority decide that it is desirable to prepare a scheme for any part of their district they shall do so; and a planning authority may at any time decide—
(a) to make a simplified planning zone scheme,
(b) to alter a scheme adopted by them, or
(c) with the consent of the Secretary of State, to alter a scheme approved by him.
(3) Schedule 5 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.
(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and
(b) conditions or limitations requiring the consent, agreement or approval of the planning authority in relation to particular descriptions of permitted development.
(2) Different conditions or limitations may be specified for different cases or classes of case.
(3) Nothing in a simplified planning zone scheme shall affect the right of any person—
(a) to do anything not amounting to development, or
(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.
(4) No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
(2) When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.
(1) This section applies where alterations to a simplified planning zone scheme are adopted or approved.
(2) The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.
(3) The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
(4) The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.
(5) The adoption or approval of alterations providing for—
(a) the exclusion of land from the simplified planning zone,
(b) the withdrawal of planning permission, or
(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.
(6) The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.
(1) The following descriptions of land may not be included in a simplified planning zone—
(a) land in a conservation area;
(b) land in a National Scenic Area;
(c) land identified in the development plan for the area as part of a green belt;
(d) land in respect of which a notification or order is in force under section 28 or 29 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (areas of special scientific interest).
(2) Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not have effect to exclude it from the zone.
(3) The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
(a) in relation to an area of land specified in the order or to areas of land of a description so specified, or
(b) for development of a description specified in the order.
(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.
(1) An order designating an enterprise zone under Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.
(2) The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.
(3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none are specified, shall be unconditional.
(4) Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation to—
(a) a specified development,
(b) a specified class of development, or
(c) a specified class of development in a specified area within the enterprise zone.
(5) An enterprise zone authority shall not give a direction under subsection (4) unless—
(a) they have submitted it to the Secretary of State, and
(b) he has notified them that he approves of their giving it.
(6) If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.
(7) The Secretary of State may by regulations make provision as to—
(a) the procedure for giving a direction under subsection (4), and
(b) the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).
(8) Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).
(9) Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application made under this Part or by a development order).
(10) Nothing in this section prejudices the right of any person to carry out development apart from this section.
(1) Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.
(2) When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.
(1) Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers who are not a local authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2) On granting a consent under section 36 or 37 of the [1989 c. 29.] Electricity Act 1989 in respect of any operation or change of use that constitutes development, the Secretary of State may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(3) The provisions of this Act (except Part XI) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 46.
(4) For the purposes of this section development is authorised by a government department if—
(a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,
(b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,
(c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,
(d) authority is given by the department—
(i) for the borrowing of money for the purpose of the development, or
(ii) for the application for that purpose of any money not otherwise so applicable, or
(e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
and references in this section to the authorisation of a government department shall be construed accordingly.
(5) In subsection (2) “ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station; and in this subsection “extension” and “generating station” have the [1989 c. 29.] same meanings as in Part I of the Electricity Act 1989.
(1) Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of—
(a) 5 years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted, or
(b) such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of the planning permission may direct.
(2) The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.
(3) If planning permission is granted without the condition required by subsection (1), it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of 5 years beginning with the date of the grant.
(4) Nothing in this section applies to—
(a) any planning permission granted by a development order,
(b) any planning permission for any development carried out before the grant of planning permission,
(c) any planning permission granted for a limited period,
(d) any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—
(i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission, or
(ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission,
(e) any planning permission granted by an enterprise zone scheme,
(f) any planning permission granted by a simplified planning zone scheme, or
(g) any outline planning permission, within the meaning of section 59.
(1) In this section “outline planning permission” means planning permission granted, in accordance with the provisions of regulations or a development order, with the reservation for subsequent approval by the planning authority or the Secretary of State of matters not particularised in the application (“reserved matters”).
(2) Subject to the provisions of this section, where outline planning permission is granted for development consisting of or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—
(a) that, in the case of any reserved matter, application for approval must be made before—
(i) the expiration of 3 years from the date of the grant of outline planning permission,
(ii) the expiration of 6 months from the date on which an earlier application for such approval was refused, or
(iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed,
whichever is the latest, and
(b) that the development to which the permission relates must be begun not later than—
(i) the expiration of 5 years from the date of the grant of outline planning permission, or
(ii) if later, the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
(3) Only one application for approval may be made in a case to which subsection (2)(a) applies after the expiration of the 3 year period mentioned in subsection (2)(a)(i).
(4) If outline planning permission is granted without the conditions required by subsection (2), it shall be deemed to have been granted subject to those conditions.
(5) The authority concerned with the terms of an outline planning permission may in applying subsection (2) substitute, or direct that there be substituted, for the periods of 3 years, 5 years and 2 years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
(6) The authority may also specify, or direct that there be specified, separate periods under subsection (2)(a) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by subsection (2)(b) shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
(7) In considering whether to exercise their powers under subsections (5) and (6), the authority shall have regard to the provisions of the development plan and to any other material considerations.
(1) The authority referred to in section 58(1)(b) and 59(5) is—
(a) the planning authority or the Secretary of State, in the case of planning permission granted by them,
(b) in the case of planning permission deemed to be granted under section 57(1), the department on whose direction planning permission is deemed to be granted,
(c) in the case of planning permission deemed to be granted under section 57(2), the Secretary of State, and
(d) in the case of planning permission granted on an appeal determined under paragraph 1 or 5 of Schedule 4 by a person appointed by the Secretary of State to determine the appeal, that person.
(2) For the purposes of section 59, a reserved matter shall be treated as finally approved—
(a) when an application for approval is granted, or
(b) in a case where the application is made to the planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State or a person mentioned in subsection (1)(d) grants the approval, when the appeal is determined.
(3) Where a planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 58 or 59 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 47 against the decision of the authority.
(4) In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 58 or 59—
(a) development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission, and
(b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.
(1) This section applies where—
(a) by virtue of section 58 or 59, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed,
(b) development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone, or
(c) development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone.
(2) If the planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
(3) The period so specified must not be less than 12 months after the notice takes effect.
(4) A completion notice shall be served—
(a) on the owner of the land,
(b) on the occupier of the land, and
(c) on any other person who in the opinion of the planning authority will be affected by the notice.
(5) The planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
(6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.
(1) A completion notice shall not take effect unless and until it is confirmed by the Secretary of State.
(2) In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
(3) If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 61(2) or a longer period substituted by the Secretary of State under subsection (2)).
(5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.
(1) If it appears to the Secretary of State that it is expedient that a completion notice should be served in respect of any land, he may himself serve such a notice under section 61.
(2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the planning authority.
(3) The Secretary of State shall not serve such a notice without consulting the planning authority.
(4) The provisions of this Act relating to completion notices apply, so far as relevant, to a completion notice served by the Secretary of State as they apply to a completion notice served by a planning authority, but with the substitution for any reference in those provisions to the planning authority of a reference to the Secretary of State, and any other necessary modifications.
Town and Country Planning (Scotland) Act 1997