2002 No. 828

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002

Made

Laid before Parliament

Coming into force

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred on him by sections 59, 69 and 333(7) of the Town and Country Planning Act 19901 and all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and extent1

1

This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002 and shall come into force on 1st July 2002.

2

This Order extends to England only.

Interpretation2

In this Order—

  • “the 1995 Order” means the Town and Country Planning (General Development Procedure) Order 19952.

Changes to article 1: Interpretation3

In article 1(2) of the 1995 Order—

a

after the definition of “outline planning permission” insert—

  • “planning obligation” means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the Act3;

b

after the definition of “reserved matters” insert—

  • “section 278 agreement” means an agreement entered into pursuant to section 278 of the Highways Act 19804;

Changes to article 25: Register of applications4

In article 25 of the 1995 Order—

1

Delete paragraph (3) and substitute the following—

3

Part I of the register shall contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of—

a

a copy (which may be photographic) of the application together with any accompanying plans and drawings;

b

a copy (which may be photographic) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

c

a copy (which may be photographic) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and

d

particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c) above.

2

After paragraph (4)(e) insert—

f

a copy (which may be photographic) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

g

a copy (which may be photographic) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

h

particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part II of the register in accordance with sub-paragraphs (f) and (g) above and paragraph (5) below.

3

In paragraph (5) after “effect of the Secretary of State’s decision” insert—

  • together with a copy (which may be photographic) of—

    1. a

      any planning obligation or section 278 agreement entered into in connection with the decision; and

    2. b

      any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions.

FalconerMinister of State,Department for Transport, Local Government and the Regions

(This note is not part of the Order)

This Order amends articles 1 and 25 of the Town and Country Planning (General Development Procedure) Order 1995 (“the 1995 Order”).

The main changes are to article 25 of the 1995 Order so as to require the local planning authority in addition to the detail already recorded in the register of applications to include:

  • in Part I, details of any planning obligation, section 278 agreement entered into or proposed in respect of an application for planning permission or application for the approval of reserved matters and of any other relevant planning obligation or section 278 agreement in respect of the land the subject of the application; and

  • in Part II, details of any planning obligation and section 278 agreement entered into in connection with a planning decision by a local planning authority or the Secretary of State, and of any other planning obligation or section 278 agreement taken into account when making the decision together with particulars of any modification or discharge of any such planning obligation or section 278 agreement.