293C Urgent Crown development: determination of applications by the Secretary of State
(1) This section applies where —
(a) the appropriate authority has made a relevant application to the Secretary of State under section 293B, and
(b) the Secretary of State has given notice under section 293B(5) agreeing to determine the application.
(2) Before determining the application, the Secretary of State must consult the following persons about the application—
(a) the local planning authority to which the application could otherwise have been made, and
(b) such other persons as the Secretary of State considers appropriate.
(3) A development order may make provision as to the consultation required by subsection (2) including—
(a) provision requiring the Secretary of State to consult other specified persons (or persons of a specified description);
(b) provision as to the manner in which persons may be consulted;
(c) different provision for different cases or classes of development.
(4) The Secretary of State may—
(a) grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or
(b) refuse it.
(5) The Secretary of State must notify the local planning authority to whom the application could otherwise have been made of the Secretary of State’s decision on the application.
(6) The decision of the Secretary of State on the application is final.
(7) Section 73A applies, with any necessary modifications, to an application for planning permission under section 293B as it applies to an application for planning permission which is to be determined by the local planning authority under Part 3.
(8) The following provisions do not apply for the purposes of determining an application for planning permission under section 293B—
(a) section 58B(1) of this Act;
(b) sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
293D Crown development: applications to the Secretary of State
(1) This section applies where—
(a) the appropriate authority intends to make a relevant application, and
(b) the authority considers that the development to which it relates is of national importance.
(2) The appropriate authority may make the application to the Secretary of State under this section.
(3) In this section and section 293E, “relevant application” means—
(a) an application for planning permission, or permission in principle, for the development of land in England, or
(b) an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,
but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.
(4) After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance.
(5) If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application.
(6) If the Secretary of State considers that the development is not of national importance, the Secretary of State may take the steps referred to in either subsection (7) or, where it applies, subsection (9).
(7) The Secretary of State may—
(a) refer the application to the local planning authority to whom it could otherwise have been made, and
(b) direct that the application—
(i) is to be treated as having been made to the authority (and not to the Secretary of State under this section), and
(ii) is to be determined by that authority accordingly.
(8) Subsection (9) applies where—
(a) the application could otherwise have been made to the Secretary of State under section 62A, and
(b) the appropriate authority has given notice to the Secretary of State that the authority consents to the application being treated as having been made to the Secretary of State under that section.
(9) The Secretary of State may—
(a) direct that the application is to be treated as having been made to the Secretary of State under section 62A (and not to the Secretary of State under this section), and
(b) determine the application accordingly.
293E Crown development: connected applications to the Secretary of State
(1) This section applies where—
(a) the appropriate authority makes an application to the Secretary of State under section 293D, and
(b) the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance.
(2) The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met.
(3) The requirements are that—
(a) the application is—
(i) for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
(ii) for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or
(iii) of a prescribed description,
(b) it is considered by the person making the application to be connected to an application under section 293D,
(c) it is neither a relevant application nor an application of the kind described in section 73(1), and
(d) it relates to land in England.
(4) If a connected application is made under subsection (2), but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—
(a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and
(b) direct that the connected application—
(i) is to be treated as having been made to that authority (and not to the Secretary of State under this section), and
(ii) is to be determined by that authority accordingly.
293F Applications under section 293D or 293E: supplementary matters
(1) The decision of the Secretary of State on an application made under section 293D or 293E is final.
(2) The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made under section 293D or 293E that could otherwise have been made to that authority.
(3) Directions under subsection (2)—
(a) may relate to a particular application or to applications more generally;
(b) may be given to a particular authority or to authorities more generally.
293G Notifying parish councils of applications under section 293D(2)
(1) If an application is made to the Secretary of State under section 293D(2) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—
(a) the application, and
(b) any alteration of the application accepted by the Secretary of State.
(2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule.
293H Provisions applying to applications made under section 293D or 293E
(1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 293D as they apply to an application for planning permission which is to be determined by the local planning authority.
(2) Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1, or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 293D.
(3) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 293D as they apply to an application for permission in principle which is to be determined by the local planning authority.
(4) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 293D.
(5) Where an application is made to the Secretary of State under section 293E instead of to the authority to whom it could otherwise have been made, a development order may (with or without modifications) apply to the application any enactment that relates to applications of that kind when made to that authority.
(6) A development order which makes provision under this section to apply to an application under section 293D or 293E (with or without modifications) any requirement to disclose information may include provision to secure that the requirement would not result in the public disclosure of sensitive information.
(7) For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that—
(a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and
(b) its public disclosure would be contrary to the national interest.
293I Deciding applications made under section 293D or 293E
(1) An application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 293J.
(2) Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
(a) revoke the person’s appointment;
(b) appoint another person to determine the application instead.
(3) A person appointed under this section to determine a direct application has the same powers and duties that the Secretary of State has under section 293H.
(4) Where a direct application is determined by a person appointed under this section, the person’s decision is to be treated as that of the Secretary of State.
(5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
(6) It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person’s power to determine the direct application before the person’s decision on the direct application is given.
(7) Where any enactment (other than this section and section 319A)—
(a) refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to a direct application (otherwise than by referring to the application having been made to the Secretary of State), or
(b) refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.
293J Applications under section 293D or 293E: determination by the Secretary of State
(1) The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I.
(2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
(a) the person, if any, appointed under section 293I to determine the application concerned,
(b) the applicant, and
(c) the local planning authority.
(3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
(a) in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
(b) subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it.
(4) The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
(5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
(a) the person, if any, previously appointed under section 293I to determine the application concerned,
(b) the applicant, and
(c) the local planning authority.
(6) Where a direction is given under subsection (4) in relation to a direct application—
(a) anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and
(b) subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land;
(b) bringing proceedings;
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice;
(b) the making of an order (other than by a court).
(1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
298 Supplementary provisions as to Crown and Duchy interests.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where, in accordance with an agreement under section 297, the approval of a local planning authority is required in respect of any development of land in which there is a Crown interest or a Duchy interest, sections 109 to 112 shall have effect in relation to the withholding of that approval, or the giving of it subject to conditions, as if it were a refusal of planning permission or, as the case may be, a grant of planning permission subject to conditions.
298A Applications for planning permission etc by Crown
(1) This section applies to an application for planning permission, for permission in principle or for a certificate under section 192 made by or on behalf of the Crown.
(2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.
(3) A statutory provision is a provision contained in or having effect under any enactment.
302 Enforcement in respect of war-time breaches of planning control by the Crown.
(1) This section applies where during the war period—
(a) works not complying with planning control were carried out on land, or
(b) a use of land not complying with planning control was begun by or on behalf of the Crown.
(2) Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—
(a) that the works were carried out or the land used by or on behalf of the Crown, or
(b) the subsistence in the land of any interest held by or on behalf of the Crown in reversion (whether immediate or not) expectant on the termination of that permanent or long-term interest.
(3) A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—
(a) whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and
(b) if so, whether the works or use should be deemed to comply with that control.
(4) Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.
(5) Schedule 15 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).
(6) In this section and that Schedule—
“authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section 75 of the 1947 Act or of paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;
“the relevant date”, in relation to any land, means the date with which the period of five years from the end of the war period ends, but for the purposes of this definition any time during which, notwithstanding subsection (2), planning control is unenforceable by reason of the subsistence in or over the land of any interest or right to possession held by or on behalf of the Crown shall be disregarded;
“owner” has the same meaning as in the Housing Act 1985 and “owned” shall be construed accordingly;
“permanent or long-term interest”, in relation to any land, means the fee simple in the land, a tenancy of the land granted for a term of more than ten years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of ten years from the beginning of the term, or a tenancy granted for a term of ten years or less with a right of renewal which would enable the tenant to prolong the term of the tenancy beyond ten years;
“tenancy” includes a tenancy under an underlease and a tenancy under an agreement for a lease or underlease, but does not include an option to take a tenancy and does not include a mortgage;
“war period” means the period extending from 3rd September 1939 to 26th March 1946;
“works” includes any building, structure, excavation or other work on land.
(7) References in this section and that Schedule to non-compliance with planning control mean—
(a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order;
(b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme;
and references in this Act to compliance with planning control shall be construed accordingly.
(8) References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 75 of the 1947 Act or by paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990).
(1) The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of—
(a) the performance by the local planning authority of any function they have;
(b) anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.
(1ZZA) References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).
(1ZA) The Secretary of State may by regulations make provision for the payment of a fee to—
(a) the Mayor of London or the mayor of a combined authority or combined county authority in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;
(b) a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.
(1A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of—
(a) any application made to the Secretary of State under section 62A;
(b) the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.
(1B) The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of—
(a) the performance by the Welsh Ministers of any function they have in respect of an application under ... section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications);
(b) anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function.
(1C) References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section ... 62M or 62O.
(2) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5).
(3) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under—
(a) any provision of this Act other than section 177(5), or
(b) any order or regulations made under this Act.
(4) The appropriate authority Welsh Ministers may by regulations make provision for the payment of a fee to the appropriate authority Welsh Ministers in respect of an application for planning permission or permission in principle made under section 293A (urgent Crown development).
(4A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of an application under section 293B, 293D or 293E.
(5) Regulations under this section may in particular—
(a) make provision as to when a fee or charge payable under the regulations is to be paid;
(b) make provision as to who is to pay a fee or charge payable under the regulations;
(c) make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation);
(d) prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part);
(e) prescribe circumstances in which no fee or charge is to be paid;
(f) make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations;
(g) prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority.
(5A) Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge.
(5B) Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge.
(5C) Provision made in reliance on subsection (5A) or (5B) must include provision about—
(a) consultation to be carried out in relation to the setting of the level of a fee or charge;
(b) the criteria to be applied when setting the level of a fee or charge;
(c) publication of information or reports;
(d) obligations to notify the Secretary of State;
(e) reviews of the level of a fee or charge.
(6) Regulations under this section may—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
(7) In this section “the appropriate authority” means—
(a) the Secretary of State in relation to England;
(b) the Welsh Ministers in relation to Wales.
(8) No regulations shall be made under this section by the Secretary of State unless a draft of the regulations has been laid before and approved by resolution of—
(a) each House of Parliament ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8A) If a draft of regulations of the Secretary of State under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
(8B) Where—
(a) a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or
(b) a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),
the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.
(8C) A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D).
(8D) The functions that fall within this subsection are—
(a) functions under—
(i) Part 3,
(ii) in Part 7, section 191 or 192, or
(iii) Part 8;
(b) in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F;
(c) functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d) functions under section 17 of the Land Compensation Act 1961;
(e) functions specified for the purposes of this paragraph in regulations made by the Secretary of State,
other than functions in connection with applications made in legal proceedings.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) If a local planning authority in Wales calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be).
(10A) If the Mayor of London , the mayor of a combined authority or combined county authority, or a specified person calculates the amount of fees in pursuance of provision made by regulations under subsection (1ZA) the Mayor of London , the mayor, or the specified person must secure that, taking one financial year with another, the income from the fees does not exceed the cost of performing the function.
(11) A financial year is the period of 12 months beginning with 1 April.
303ZZA Directions in relation to fees set by English local planning authorities etc
(1) This section applies where—
(a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and
(b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate.
(2) The Secretary of State may direct the charging authority to review the level of the fee or charge.
(3) A charging authority to which a direction is given under subsection (2) must—
(a) review the fee or charge, and
(b) notify the Secretary of State of its decision as a result of the review, giving reasons.
(4) Subsection (5) applies where—
(a) a charging authority fails to comply with subsection (3), or
(b) a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate.
(5) The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction.
(6) The Secretary of State may by regulations make provision—
(a) about the time by which any requirement imposed by or under this section must be complied with;
(b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2);
(c) about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5).
(7) In this section “specified person” has the same meaning as in section 303.
(1) The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid—
(a) to a local planning authority in England under section 303(1) or (2),
(b) to the Mayor of London or a specified person under section 303(1ZA), or
(c) to the Secretary of State under section 303(1A), (2), (3) or (4A).
(2) Where regulations under subsection (1) provide for a surcharge to be imposed on a fee or charge paid to a person other than the Secretary of State, that person must pay to the Secretary of State the amount they receive from any surcharges—
(a) subject to such deductions, and
(b) at the times and in the manner,
as set out in regulations under subsection (1).
(3) Regulations under subsection (1) may—
(a) specify the level of the surcharge as a percentage of the level of a fee or charge;
(b) make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances.
(4) Regulations under subsection (1) may provide that where the level of the fee or charge has been set by—
(a) a local planning authority under section 303(5A), or
(b) the Mayor of London or a specified person under section 303(5B),
the surcharge may be set as a percentage of the fee or charge that would be payable had the level of the fee or charge not been so set.
(5) The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”).
(6) In setting the level of the surcharge, the Secretary of State must have regard to the relevant costs of the listed persons, and must secure that, taking one financial year with another, the income from the surcharge does not exceed the relevant costs of the listed persons.
(7) In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with—
(a) applications,
(b) proposed applications, or
(c) proposals for a permission, approval or consent,
that are made under or for the purposes of the planning Acts and that relate to land in England.
(8) Regulations under subsection (1) may set the surcharge at a level that exceeds the costs of listed persons of providing advice, information or assistance in connection with the application, proposed application or proposal in respect of which the surcharge is imposed.
(9) Paragraphs (a) to (f) of section 303(5) apply to regulations under this section as they apply to regulations under subsection (1), save that references to a fee or charge are to be read as references to the surcharge.
(10) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(1) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an appeal to the appropriate authority under any provision made by or under—
(a) this Act;
(b) the Planning (Listed Buildings and Conservation Areas) Act 1990.
(2) The regulations may in particular—
(a) make provision as to when a fee payable under the regulations is to be paid;
(b) make provision as to how such a fee is to be calculated (including who is to make the calculation);
(c) prescribe circumstances in which such a fee is to be remitted or refunded (wholly or in part);
(d) prescribe circumstances in which no fee is to be paid;
(e) make provision as to the effect of paying or failing to pay a fee in accordance with the regulations.
(3) A fee payable to the appropriate authority under regulations made under this section is payable—
(a) by the appellant;
(b) in addition to any fee payable to the appropriate authority under regulations made under section 303.
(4) Regulations under this section may—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the case of regulations made by virtue of subsection (2)(e) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
(5) In this section “the appropriate authority” means—
(a) the Secretary of State in relation to England;
(b) the Welsh Ministers in relation to appeals under any provision made by or under this Act as it applies in relation to Wales.
(6) No regulations shall be made under this section by the Secretary of State unless a draft of the regulations has been laid before and approved by resolution of—
(a) each House of Parliament ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
303A Responsibility of local planning authorities for costs of holding certain inquiries etc.
(1) This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.
(1A) A qualifying procedure is—
(zza) a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;
(a) an independent examination under section 15D, 15DB, 15H(3)(b), 15HA(6)(a) or 64 of the Planning and Compulsory Purchase Act 2004;
(b) a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;
(c) the consideration of objections under paragraph 8(1)(b) of that Schedule.
(1B) Where a local planning authority cause a qualifying procedure to be carried out or held, the appropriate authority is—
(a) the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;
(b) the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.
(1BA) Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.
(1C) Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.
(2) The appropriate authority may require the whole or any part of the costs borne by it in relation to the qualifying procedure to be paid by the local planning authority , corporate joint committee or strategic planning authority causing the qualifying procedure to be held.
(3) The appropriate authority may cause the amount of any such costs to be certified; and any amount so certified and required by it to be paid by a local planning authority , corporate joint committee or strategic planning authority shall be recoverable from that authority or committee as a civil debt.
(4) What may be recovered under this section by the appropriate authority is the entire administrative cost of, or incidental to, the qualifying procedure , so far as borne by it, including, in particular, such reasonable amount or element as it may determine in respect of the general staff costs and overheads of his department.
(5) For the purposes of subsection (4), the appropriate authority may by regulations prescribe a standard daily amount in relation to any description of qualifying procedure and any description of person appointed to hold it, ... and where, in relation to a qualifying procedure of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying procedure by virtue of the appointment of that person ... is—
(a) the prescribed standard amount from time to time applicable in the case of that qualifying procedure and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying procedure ;
(b) any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying procedure ;
(c) any costs attributable to the appointment of an assessor to assist that person . . . and
(d) any other costs attributable to the appointment of that person.
(6) The cost of, or incidental to, a qualifying procedure which does not take place may be recovered by the appropriate authority from the local planning authority , corporate joint committee or strategic planning authority from which it would have been recoverable, had the qualifying procedure taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying procedure which does take place.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9A) A reference to a local planning authority , corporate joint committee or strategic planning authority causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004—
(a) the local planning authority , corporate joint committee or strategic planning authority are required to submit a strategy, plan or document to the appropriate authority for independent examination, or
(b) the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act.
(9B) In a case where a qualifying procedure is carried out in relation to a plan that is prepared jointly by two or more local planning authorities under Part 2 of the Planning and Compulsory Purchase Act 2004, the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between those authorities, on such basis as the Secretary of State considers just and reasonable.
(9C) In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.
(10) In this section—
(za) any reference to an independent examination under section 15D of the Planning and Compulsory Purchase Act 2004 includes a pause of such an examination under section 15DA of that Act;
(a) any reference to costs borne by the appropriate authority includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by it ; and
(b) any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.
(11) This section applies in relation to costs arising before, as well as costs arising after, its coming into force.
(12) In this section references to a local planning authority are, in relation to a local planning authority in England, to a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 and include a minerals and waste planning authority for the purposes of that Part.
(13) In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.
The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.
(1) The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to—
(a) the planning Acts;
(b) the Planning and Compulsory Purchase Act 2004;
(ba) the Planning Act 2008;
(c) the enactments mentioned in subsection (2).
(2) The enactments are enactments which relate to planning contained in the following Acts—
(a) the Planning and Compensation Act 1991;
(b) the Transport and Works Act 1992;
(c) the Environment Act 1995.
(3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate.
(4) Person includes a body whether or not incorporated.
(5) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales.
305 Contributions by Ministers towards compensation paid by local authorities.
(1) Where—
(a) compensation is payable by a local authority or National Park authority under this Act in consequence of any decision or order to which this section applies, and
(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,
the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.
(2) This section applies to any decision or order given or made under Part III, the provisions of Part VI relating to purchase notices, Part VII, Part VIII or Schedule 5, 6 or 9.
306 Contributions by relevant authorities and statutory undertakers.
(1) Without prejudice to section 274 of the Highways Act 1980 (contributions by local authorities to expenses of highway authorities), any relevant authority may contribute towards any expenses incurred by a local highway authority—
(a) in the acquisition of land under Part IX of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023,
(b) in the construction or improvement of roads on land so acquired, or
(c) in connection with any development required in the interests of the proper planning of the area of the relevant authority.
(2) Any relevant authority and any statutory undertakers may contribute towards—
(a) any expenses incurred by a local planning authority for the purposes of carrying out a review under section 13 or 61 of the Planning and Compulsory Purchase Act 2004 (duty of local planning authority to keep under review certain matters affecting development);
(ab) any expenses incurred by a minerals and waste planning authority or county council for the purposes of carrying out a review under section 14 of that Act (duty of minerals and waste planning authority or county council to keep under review certain matters affecting development);
(b) any expenses incurred by a local planning authority or a mineral planning authority in or in connection with the performance of any of their functions under Part III, the provisions of Part VI relating to purchase notices, Part VII except sections 196A and 196B, Part VIII (except section 207), Part IX or Schedule 5 or 9.
(2A) Each of the persons specified in subsection (2B) may contribute towards any expenses incurred by a corporate joint committee for the purposes of carrying out a review under section 60L of the Planning and Compulsory Purchase Act 2004 (corporate joint committees: area survey).
(2B) The persons are—
(a) a local authority in Wales;
(b) a statutory undertaker authorised to carry on an undertaking in Wales.
(3) Where any expenses are incurred by a relevant authority in the payment of compensation payable in consequence of anything done under Part III, the provisions of Part VI relating to purchase notices, Part VII except sections 196A and 196B, Part VIII, or Schedule 5 or 9, the Secretary of State may, if it appears to him to be expedient to do so, require any other relevant authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.
(4) Subsection (3) shall apply in relation to payments made by a relevant authority to any statutory undertakers in accordance with financial arrangements to which effect is given under section 275(5)(c), as it applies in relation to compensation payable by such an authority in consequence of anything done under Part III, Part VIII or Schedule 5 or 9, and the reference in that subsection to the proceeding giving rise to the compensation shall be construed accordingly.
(5) For the purposes of this section, contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.
(6) This section shall have effect as if the references to a local authority included references to a National Park authority.
(7) In this section “relevant authority” means—
(a) a local authority, or
(b) a non-mayoral combined authority or non-mayoral CCA.
307 Assistance for acquisition of property where objection made to blight notice in certain cases.
(1) The council of a county, county borough, district or London borough may advance money to any person for the purposes of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 151 specifying the grounds mentioned in subsection (4)(d) of that section as, or as one of, the grounds of objection.
(2) No advance may be made under subsection (1) in the case of a hereditament if its annual value exceeds such amount as may be prescribed for the purposes of section 149(3)(a).
(3) An advance under subsection (1) may be made subject to such conditions as the council may think fit.
308 Recovery from acquiring authorities of sums paid by way of compensation.
(1) This section applies where—
(a) an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and
(b) a notice is registered under section 110(2) . . . in respect of any of the land acquired or sold (whether before or after the completion of the acquisition or sale) in consequence of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.
(2) Where this section applies the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 110(5) . . .) is to be treated as attributable to that land.
(3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land acquired or sold to which a person other than the acquiring authority is entitled, the sum referred to in subsection (2) shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.
(4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.
(5) Where the Secretary of State recovers a sum under this section in respect of any land by reason that it is land in respect of which a notice is registered under the provisions of section 110, section 112(11) to (13) shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 112(11).
(6) In this section . . . “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it.
310 Sums recoverable from acquiring authorities reckonable for purposes of grant.
Where—
(a) a sum is recoverable from any authority under section 308 . . . by reference to an acquisition or purchase of an interest in land, and
(b) a grant became or becomes payable to that or some other authority under an enactment in respect of that acquisition or purchase or of a subsequent appropriation of the land,
the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.
(1) The following expenses of the Secretary of State shall be paid out of money provided by Parliament—
(a) any expenses incurred by the Secretary of State under subsection (5) of section 220 or in the payment of expenses of any committee established under that section;
(b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part IV . . .;
(c) any expenses incurred by the Secretary of State under Part X;
(d) any expenses incurred by the Secretary of State in the making of grants under section 304;
(e) any administrative expenses incurred by the Secretary of State for the purposes of this Act.
(2) There shall be paid out of money provided by Parliament any expenses incurred by any government department (including the Secretary of State)—
(a) in the acquisition of land under Part IX;
(b) in the payment of compensation under section 236(4), 279(2) or 325;
(c) under section 240(1)(b); or
(d) under section 305.
313 General provision as to receipts of Secretary of State.
. . .Subject to the provisions of section 112, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.
The council of a county may direct that any expenses incurred by them under the provisions specified in Parts I and II of Schedule 16 shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.
314A Wales: duties relating to listed buildings and features of architectural or historic interest
(1) In considering whether to grant planning permission for development which affects a listed building or its setting, the Welsh Ministers or a local planning authority in Wales must have special regard to the desirability of preserving—
(a) the listed building,
(b) the setting of the building, or
(c) any features of special architectural or historic interest the building possesses.
(2) In exercising the powers conferred by sections 232, 233 and 235(1) (appropriation, disposal and development of land held for planning purposes), a relevant local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.
(3) In subsection (2), “relevant local authority” means—
(a) a county council or county borough council in Wales;
(b) a National Park authority in Wales;
(c) a joint planning board constituted under section 2(1B).
(4) In this section, “listed building” means—
(a) a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or
(b) a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.
(1) In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
(2) In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) . . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
(3) Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.
(4) Any regulations made by virtue of subsection (1) shall not apply—
(a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.