Office of Public Sector Information
(1) A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).
(2) For the purposes of any area in Greater London the development plan is—
(a) the spatial development strategy, and
(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
(3) For the purposes of any other area in England the development plan is—
(a) the regional spatial strategy for the region in which the area is situated, and
(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.
(4) For the purposes of any area in Wales the development plan is the local development plan adopted or approved in relation to that area.
(5) If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved or published (as the case may be).
(6) If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.
(7) The enactments are—
(a) this Act;
(b) the planning Acts;
(c) any other enactment relating to town and country planning;
(d) the Land Compensation Act 1961 (c. 33);
(e) the Highways Act 1980 (c. 66).
(8) In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.
(1) This section applies to any person who or body which exercises any function—
(a) under Part 1 in relation to a regional spatial strategy;
(b) under Part 2 in relation to local development documents;
(c) under Part 6 in relation to the Wales Spatial Plan or a local development plan.
(2) The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.
(3) For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by—
(a) the Secretary of State for the purposes of subsection (1)(a) and (b);
(b) the National Assembly for Wales for the purposes of subsection (1)(c).
(1) In the principal Act after section 61 (supplementary provision about development orders) there are inserted the following sections—
(1) A 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).
(2) A local development order may grant planning permission—
(a) for development specified 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.
(1) At any time before a local development order is adopted by a local planning authority 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 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.
(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.
(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.”
(2) In each of the following provisions of the principal Act in each place where it occurs after “development order” there is inserted “or a local development order”—
(a) section 56(5)(a) (definition of material development);
(b) section 57(3) (extent of permission granted by development order);
(c) section 58(1)(a) (grant of planning permission by development order);
(d) section 77(1) (certain applications to be referred to the Secretary of State);
(e) section 78(1)(c) (right of appeal in relation to certain planning decisions);
(f) section 88(9) (grant of planning permission in enterprise zone);
(g) section 91(4)(a) (no limit to duration of planning permission granted by development order);
(h) section 108 (compensation for refusal of planning permission formerly granted by development order);
(i) section 109(6) (apportionment of compensation for depreciation);
(j) section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission);
(k) section 264(5)(b) (land treated not as operational land);
(l) section 279(1)(a)(i) (compensation for certain decisions and orders).
(3) Section 333 of the principal Act (regulations and orders) is amended as follows—
(a) in subsection (4) after “55(2)(f),” there is inserted “61A(5)”;
(b) in subsection (5)(b) after “28,” there is inserted “61A(5) (unless it is made by the National Assembly for Wales),”.
(4) Schedule 1 further amends the principal Act.
In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 40 of this Act) there is inserted the following section—
(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.”
(1) In the principal Act for section 62 (form and content of applications for planning permission) there is substituted the following section—
(1) A development order may make provision as to applications for planning permission made to a local planning authority.
(2) Provision referred to in subsection (1) includes provision as to—
(a) the form and manner in which the application must be made;
(b) particulars of such matters as are to be included in the application;
(c) documents or other materials as are to accompany the application.
(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).
(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.”
(2) In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.
(3) In section 198 of that Act (tree preservation orders) after subsection (7) there is inserted—
“(8) In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—
(a) the form and manner in which the application must be made;
(b) particulars of such matters as are to be included in the application;
(c) the documents or other materials as are to accompany the application.
(9) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales,
and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.”
(4) In section 220 of that Act (regulations controlling display of advertisements) after subsection (2) there is inserted the following subsection—
“(2A) The regulations may also make provision as to—
(a) the form and manner in which an application for consent must be made;
(b) particulars of such matters as are to be included in the application;
(c) any documents or other materials which must accompany the application.”
(5) In the principal Act before section 328 (settled land and land of universities and colleges) there is inserted the following section—
(1) This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—
(a) the form or manner in which the application must be made;
(b) the form or content of any document or other matter which accompanies the application.
(2) The local planning authority must not entertain such an application if it fails to comply with the requirement.”
(6) In section 10(2) of the listed buildings Act (applications for listed buildings consent) the words from “shall be made” to “require and” are omitted.
(7) In section 10(3) of that Act for paragraph (a) there are substituted the following paragraphs—
“(a) the form and manner in which such applications are to be made;
(aa) particulars of such matters as are to be included in such applications;
(ab) the documents or other materials as are to accompany such applications;”.
(8) In section 10 of that Act after subsection (3) there are inserted the following subsections—
“(4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed—
(a) a statement about the design principles and concepts that have been applied to the works;
(b) a statement about how issues relating to access to the building have been dealt with.
(5) The form and content of a statement mentioned in subsection (4) is such as is prescribed.”
(9) In section 89(1) of that Act (application of certain provisions of the principal Act) after the entry relating to section 323 there is inserted—
“section 327A (compliance with requirements relating to applications),”.
(1) For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—
(1) A local planning authority may decline to determine a relevant application if—
(a) any of the conditions in subsections (2) to (4) is satisfied, and
(b) the authority think there has been no significant change in the relevant considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 76A or 77.
(3) The condition is that in that period the Secretary of State has dismissed an appeal—
(a) against the refusal of a similar application, or
(b) under section 78(2) in respect of a similar application.
(4) The condition is that—
(a) in that period the local planning authority have refused more than one similar application, and
(b) there has been no appeal to the Secretary of State against any such refusal.
(5) A relevant application is—
(a) an application for planning permission for the development of any land;
(b) an application for approval in pursuance of section 60(2).
(6) The relevant considerations are—
(a) the development plan so far as material to the application;
(b) any other material considerations.
(7) The relevant event is—
(a) for the purposes of subsections (2) and (4) the refusal of the similar application;
(b) for the purposes of subsection (3) the dismissal of the appeal.
(8) An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
(1) A local planning authority may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
(5) An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
(6) The determination period is—
(a) the period prescribed by the development order for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.”
(2) In section 78(2)(aa) of that Act after “70A” there is inserted “or 70B”.
(3) After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—
(1) A local planning authority may decline to determine an application for a relevant consent if—
(a) one or more of the conditions in subsections (2) to (4) is satisfied, and
(b) the authority think there has been no significant change in any material considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.
(3) The condition is that in that period the Secretary of State has dismissed an appeal—
(a) against the refusal of a similar application, or
(b) under section 20(2) in respect of a similar application.
(4) The condition is that—
(a) in that period the local planning authority have refused more than one similar application, and
(b) there has been no appeal to the Secretary of State against any such refusal.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) The relevant event is—
(a) for the purposes of subsections (2) and (4) the refusal of the similar application;
(b) for the purposes of subsection (3) the dismissal of the appeal.
(7) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
(1) A local planning authority may decline to determine an application for a relevant consent which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(7) The determination period is—
(a) the period prescribed for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.”
(4) Section 20(2) of that Act (appeals) is amended as follows—
(a) for “neither” there is substituted “done none of the following”;
(b) after paragraph (a) for “nor” there is substituted—
“(aa) given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;”.
(5) This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.
In the principal Act the following sections are inserted before section 77 (Reference of applications to the Secretary of State)—
(1) This section applies to—
(a) an application for planning permission;
(b) an application for the approval of a local planning authority required under a development order,
if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
Planning and Compulsory Purchase Act 2004