Part IIIE+W Control over development

Publicity for applicationsE+W

[F265 Notice etc. of applications for planning permission [F1or permission in principle].E+W

(1)A development order may make provision requiring—

(a)notice to be given of any application for planning permission [F3or 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 [F4an 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 [F5or 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.

[F6(3A)In subsections (1) and (3) references to [F7—

(a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, [F8and]

(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 [F9, and

(c)any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or 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.

(5)A local planning authority shall not entertain an application for planning permission [F10or permission in principle] unless any requirements imposed by virtue of this section have been satisfied.

(6)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—

• [F11“agricultural tenant”, in relation to any land, means any person who—

  (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

  (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—

  (a)

  is the estate owner in respect of the fee simple;

  (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

  (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 [F12or 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.]

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[F1467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F1669 Register of applications etcE+W

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

(a)applications for planning permission;

[F17(aza)applications for permission in principle;]

[F18(aa)applications for non-material changes to planning permission under section 96A;]

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)local development orders;

[F20(cza) Mayoral development orders;]

[F21(czb)street vote development orders or proposals for such orders;]

[F22(ca)neighbourhood planning matters;]

(d)simplified planning zone schemes;

[F23(e)applications for approval of biodiversity gain plans under Part 2 of Schedule 7A;]

[F24(f)development progress reports under section 90B;]

[F25(g)commencement notices under section 93G.]

(2)The register must contain—

(a)information as to the manner in which applications mentioned in subsection (1)(a) [F26[F27and (aa)]] [F26, (aa) [F28, (aza) and (e)]] and requests mentioned in subsection (1)(b) have been dealt with;

(b)such information as is prescribed with respect to any local development order [F29, [F30Mayoral development order,] [F31street vote development order or proposal for such an order,] neighbourhood planning matter] or simplified planning zone scheme in relation to the authority’s area;

[F32(c)such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;]

[F33(d)such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.]

[F34(2A)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) [F35, (aa)] [F36, (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.]

[F3769AThe register: additional requirements in relation to EnglandE+W

(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.]