C6C7C8C9C10C11C12C13C14C19 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C6

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C9

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Publicity for applications

F165 Notice etc. of applications for planning permission F16or permission in principle.

1

A development order may make provision requiring—

a

notice to be given of any application for planning permission F19or permission in principle, and

b

any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

2

Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or F2an agricultural tenant of that land, is given notice of the application in such manner as may be required by the order.

3

A development order may require an applicant for planning permission F20or permission in principle to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

F123A

In subsections (1) and (3) references to F25—

a

any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and

b

any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.

4

A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

C1C15C165

A local planning authority shall not entertain an application for planning permission F18or permission in principle unless any requirements imposed by virtue of this section have been satisfied.

C26

If any person—

a

issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

b

recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

7

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

8

In this section—

  • F3 “ agricultural tenant ”, in relation to any land, means any person who—

    1. a

      is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or

    2. b

      is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;

  • “owner” in relation to any land means any person who—

    1. a

      is the estate owner in respect of the fee simple;

    2. b

      is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

    3. c

      in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission F17or permission in principle relates includes any interest in any mineral in, on or under the land.

9

Notwithstanding section 127 of the M1Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

66F8Notification of applications to owners and agricultural tenants.

1

Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—

a

a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;

b

a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out—

i

the names of those persons,

ii

the addresses at which notice of the application was given to them respectively, and

iii

the date of service of each such notice;

c

a certificate stating—

i

that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b),

ii

that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and

iii

that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so;

d

a certificate stating—

i

that the applicant is unable to issue a certificate in accordance with paragraph (a), and

ii

that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so.

2

Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated.

3

The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a).

4

In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement —

a

that none of the land to which the application relates constitutes or forms part of an agricultural holding; or

b

that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates.

5

Such a statement as is mentioned in subsection (4)(b) must set out—

a

the name of each person to whom the applicant has given notice of the application,

b

the address at which notice was given to him, and

c

the date of service of that notice.

6

Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate.

7

In this section—

  • “ owner ”, in relation to any land, means a person who for the time being is—

a

the estate owner in respect of the fee simple in the land, or

b

entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and

“ agricultural holding ” has the same meaning as in the M2 Agricultural Holdings Act 1986.

67F9 Notification of applications for planning permission for mineral working.

1

In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications.

2

Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land.

3

In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant—

a

stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land;

b

setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice;

c

stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and

d

stating that he has complied with subsection (7) and when he did so.

4

In this section “ relevant mineral ” means any mineral other than oil, gas, coal, gold or silver.

5

Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated.

6

The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3).

7

In order to comply with this subsection the applicant must—

a

post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and

b

leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.

8

The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.

9

If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances.

10

The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted).

11

Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.

68F10Further provisions as to certificates under sections 65 to 67.

1

If any person—

a

issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 and contains a statement which he knows to be false or misleading in a material particular, or

b

recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

2

A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section.

4

Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.

C3C4C5C17C18F469 Register of applications etc

1

The local planning authority must keep a register containing such information as is prescribed as to—

a

applications for planning permission;

F21aza

applications for permission in principle;

F5aa

applications for non-material changes to planning permission under section 96A;

F11b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

local development orders;

F27cza

Mayoral development orders;

F13ca

neighbourhood planning matters;

d

simplified planning zone schemes.

2

The register must contain—

a

information as to the manner in which applications mentioned in subsection (1)(a) F22F6and (aa)F22, (aa) and (aza) and requests mentioned in subsection (1)(b) have been dealt with;

b

such information as is prescribed with respect to any local development order F14, F26Mayoral development order, neighbourhood planning matter or simplified planning zone scheme in relation to the authority’s area.

F152A

For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—

a

neighbourhood development orders;

b

neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and

c

proposals for such orders or plans.

3

A development order may require the register to be kept in two or more parts.

4

Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) F7, (aa)F23, (aza) and (b).

5

A development order may also make provision—

a

for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them;

b

for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of.

6

Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register.

7

The register must be kept in such manner as is prescribed.

8

The register must be kept available for inspection by the public at all reasonable hours.

9

Anything prescribed under this section must be prescribed by development order.

69AF24The register: additional requirements in relation to England

1

A register kept under section 69 by a local planning authority in England must (in addition to the information prescribed under that section) also contain such information as is prescribed as to—

a

prior approval applications made in connection with planning permission granted by a development order;

b

the manner in which such applications have been dealt with by the authority;

c

notifications of proposed development made in connection with planning permission granted by a development order;

d

any actions taken by the authority following such notifications.

2

A “prior approval application”, in connection with planning permission granted by a development order, means an application made to a local planning authority for—

a

any approval of the authority required under the order, or

b

a determination from the authority as to whether such approval is required.

3

A “notification of proposed development”, in connection with planning permission granted by a development order, means a notification made to a local planning authority to meet a requirement under the order.

4

The power in subsection (1)(b) to prescribe information as to the manner in which applications have been dealt with by a local planning authority includes power to prescribe information as to cases where the authority does not respond to an application.

5

Where the register is kept in two or more parts, each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) and (c).

6

A development order may also make provision—

a

for a specified part of the register to contain copies of applications or notifications and of any documents or material submitted with them;

b

for the entry relating to an application (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of;

c

for the entry relating to a notification (and everything relating to it) to be removed from that part of the register in such circumstances as may be prescribed.

7

Provision under subsection (6)(b) or (c) does not prevent the inclusion of a different entry relating to the application or notification in another part of the register.

8

Anything prescribed under this section must be prescribed by development order.

9

A development order—

a

may make different provision for different kinds of application or notification;

b

may make provision which applies generally or only in relation to particular kinds of notification or application.