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Version Superseded: 25/09/1992
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(1)If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land [F1and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme [F2or simplified planning zone scheme]], he may, either as part of an application for planning permission, or without any such application, apply to the. . . F3 planning authority to determine that question.
(2)The provisions of sections 21, 26(1), 28(1), 31(2) and (4) and 32 to 34 of this Act shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.
(3)Where it is decided by the Secretary of State under any of the said provisions that any operations or use to which an application under this section relates would constitute or involve development, that decision shall not be final for the purposes of any appeal under the provisions of this Act relating to the enforcement of planning control, in relation to those operations or that use.
Textual Amendments
F1Words inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 32 para. 19(3)
F2Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 3
F3Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
Modifications etc. (not altering text)
C1S. 51: power to modify or exclude conferred by Town and Country Planning Act 1984 (c. 10, SIF 123:2), ss. 1(5), 4(1)
C2S. 51 modified by Town and Country Planning Act 1984 (c. 10, SIF 123:2), s. 1(1)(4)
C3S. 51 modified by S.I. 1984/996, art. 2, Sch.
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