(1) Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
(1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required) and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for planning permission etc. for development for which infrastructure consent is required).
(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
(3) Where by a development order , a local development order or a neighbourhood development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
(4) Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.
(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.
(6) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.
(7) Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).
(1) Planning permission may be granted—
(a) by a development order , a local development order or a neighbourhood development order;
(b) by the local planning authority (or, in the cases provided in this Part, by the Secretary of State or the Welsh Ministers) on application to the authority (or, in the cases provided in this Part, on application to the Secretary of State or the Welsh Ministers) in accordance with a development order;
(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or
(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.
(e) by the Secretary of State in accordance with the provisions of sections 293B to 293J.
(2) Planning permission may also be deemed to be granted under section 90 (development with government authorisation).
(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.
(1) Permission in principle may be granted for housing-led development of land in England as provided in section 59A.
(2) Permission in principle may not be granted for development consisting of the winning and working of minerals.
(3) For the effect of permission in principle, see section 70(2ZZA) to (2ZZC) (application for technical details consent must be determined in accordance with permission in principle, except after a prescribed period).
(4) A reference to permission in principle in any provision of this Act in its application to land in Wales, or in its application to functions of the Welsh Ministers or other authorities in Wales, is to be ignored.
(1) The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.
(2) A development order may either—
(a) itself grant planning permission for development specified in the order or for development of any class specified; or
(b) in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State or the Welsh Ministers) on application to the authority (or, in the cases provided in the following provisions, on application to the Secretary of State or the Welsh Ministers) in accordance with the provisions of the order.
(3) A development order may be made either—
(a) as a general order applicable, except so far as the order otherwise provides, to all land, or
(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.
(4) In this Act, references to a development order are—
(a) in relation to England, references to a development order made by the Secretary of State;
(b) in relation to Wales, references to a development order made by the Welsh Ministers.
(1) A development order may either—
(a) itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or
(b) provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description.
(2) In this section—
“prescribed” means prescribed in a development order;
“qualifying document” means a document, as it has effect from time to time, which—
falls within subsection (3),
indicates that the land in question is allocated for development for the purposes of this section, and
contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated.
(3) The following documents fall within this subsection—
(a) a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);
(b) a local plan or supplementary plan within the meaning of Part 2 of the 2004 Act (see section 15LH of that Act);
(ba) a document which is, or forms part of, a minerals and waste plan within the meaning of Part 2 of the 2004 Act (“a minerals and waste plan document”);
(c) a neighbourhood development plan within the meaning given by section 38A of the 2004 Act.
(4) Permission in principle granted by a development order takes effect—
(a) when the qualifying document takes effect, if the land in question is allocated for development in the document at that time;
(b) otherwise, when the qualifying document is revised so that the land in question is allocated for development.
But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction.
(5) For the purposes of subsection (4)(a)—
(a) a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;
(b) a local plan, minerals and waste plan document or supplementary plan takes effect when it is adopted or approved under Part 2 of the 2004 Act;
(c) a neighbourhood development plan takes effect when it is made by the local planning authority.
(6) Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.
(7) Permission in principle granted by a development order ceases to have effect on the expiration of—
(a) five years beginning with the date on which it takes effect; or
(b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
(8) Permission in principle granted by a local planning authority ceases to have effect on the expiration of—
(a) three years beginning with the date on which it takes effect; or
(b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
(9) The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there.
(10) A development order—
(a) may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;
(b) may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order.
(11) In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations.
(12) In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State.
(13) In relation to an application for permission in principle which under any provision of this Part , or under section 293D, is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.
(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
(1A) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for building operations in England, the order may require the approval of the local planning authority, or the Secretary of State, to be obtained—
(a) for those operations, or
(b) with respect to any matters that relate to those operations, or to the use of the land in question following those operations, and are specified in the order.
(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings in Wales, the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.
(2A) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—
(a) for the use of the land for the new use;
(b) with respect to matters that relate to the new use and are specified in the order.
(2B) Without prejudice to the generality of subsections (1) and (1A), a development order may include provision for ensuring—
(a) that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—
(i) a written description, and a plan, of the proposed development are given to the local planning authority,
(ii) notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and
(iii) that period has ended, and
(b) that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.
(2C) In subsection (2B) “adjoining premises” includes any land adjoining—
(a) the dwelling house concerned, or
(b) the boundary of its curtilage.
(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—
(a) in relation to development in a particular area, or
(b) in relation to any particular development.
(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
(1) A general development order may make different provision with respect to different descriptions of land.
(2) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—
(a) shall not apply to any development specified in the order, or
(b) shall apply to it subject to such modifications as may be so specified.
(3) In subsection (2) “pre 1947 Act enactment” means—
(a) any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and
(b) any enactment contained in the Highways Act 1980 which—
(i) is an enactment derived from the Highways Act 1959, and
(ii) re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).
(1) A local planning authority may by order (a local development order) make provision to implement policies—
(a) in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);
(b) in a local development plan (within the meaning of Part 6 of that Act).
(2) A local planning authority may by order (a local development order) grant planning permission—
(a) for development specified in the order;
(b) for development of any class so specified.
(3) A local development order may relate to—
(a) all land in the area of the relevant authority;
(b) any part of that land;
(c) a site specified in the order.
(4) A local development order may make different provision for different descriptions of land.
(5) But a development order may specify any area or class of development in respect of which a local development order must not be made.
(6) A local planning authority may revoke a local development order at any time.
(7) Schedule 4A makes provision in connection with local development orders.
61B Intervention by Secretary of State or National Assembly
(1) At any time before a local development order is adopted by a local planning authority in Wales, the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.
(2) If the appropriate authority gives a direction under subsection (1)—
(a) the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;
(b) the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.
(3) In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.
(4) It is immaterial whether any such matter was taken account of by the local planning authority.
(5) The appropriate authority—
(a) may approve or reject an order or part of an order submitted to it under subsection (1);
(b) must give reasons for its decision under paragraph (a).
(6) If the appropriate authority thinks that a local development order being prepared by a local planning authority in Wales is unsatisfactory—
(a) it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;
(b) if it gives such a direction it must state its reasons for doing so.
(7) The local planning authority—
(a) must comply with the direction;
(b) must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.
(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.
(8) The appropriate authority—
(a) may at any time by order revoke a local development order if it thinks it is expedient to do so;
(b) must, if it revokes a local development order, state its reasons for doing so.
(9) Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.
(10) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales.
(1) Planning permission granted by a local development order may be granted—
(a) unconditionally, or
(b) subject to such conditions or limitations as are specified in the order.
(2) If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—
(a) development in a particular area, or
(b) any particular development.
61D Effect of revision or revocation of development order on incomplete development
(1) A development order or local development order may include provision permitting the completion of development if —
(a) planning permission is granted by the order in respect of the development, and
(b) the planning permission is withdrawn at a time after the development is started but before it is completed.
(2) Planning permission granted by a development order is withdrawn—
(a) if the order is revoked;
(b) if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c) by the issue of a direction under powers conferred by the order.
(3) Planning permission granted by a local development order is withdrawn—
(a) if the order is revoked under section 61A(6) or 61B(8);
(b) if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c) by the issue of a direction under powers conferred by the order.
(4) The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.
(1) The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order.
(2) The site or sites must fall within—
(a) the area of a local planning authority in Greater London, or
(b) the areas of two or more local planning authorities in Greater London.
(3) The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.
61DB Permission granted by Mayoral development order
(1) Planning permission granted by a Mayoral development order may be granted—
(a) unconditionally, or
(b) subject to such conditions or limitations as are specified in the order.
(2) A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.
(3) A person specified in a condition must be the Mayor of London or a relevant local planning authority.
(4) The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.
(5) In subsection (4) “specified” means specified, or of a description specified, in the development order.
(6) The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.
(7) A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.
(8) So far as the context requires, in relation to—
(a) an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or
(b) the determination of such an application,
any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.
(9) For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.
61DC Preparation and making of Mayoral development order
(1) The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.
(2) A development order under subsection (1) may in particular make provision about—
(a) notice, publicity and inspection by the public;
(b) consultation with and consideration of views of such persons and for such purposes as are specified in the order;
(c) the making and consideration of representations.
(3) A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.
(4) A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.
(5) A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.
(6) If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.
61DD Revision or revocation of Mayoral development order
(1) The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.
(2) The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).
(3) The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.
(4) The power under subsection (3) is to be exercised by order made by the Secretary of State.
(5) If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.
(6) The Secretary of State may by development order make provision about—
(a) the steps to be taken by the Secretary of State before giving a direction or making an order under this section;
(b) the procedure for the revision or revocation of a Mayoral development order.
(7) A development order under subsection (6) may in particular make provision about—
(a) notice, publicity and inspection by the public;
(b) consultation with and consideration of views of such persons and for such purposes as are specified in the order;
(c) the making and consideration of representations.
61DE Effect of revision or revocation on incomplete development
(1) This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.
(2) For this purpose planning permission for development granted by a Mayoral development order is withdrawn—
(a) if the order is revoked under section 61DD, or
(b) if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.
(3) The development may, despite the withdrawal of the permission, be completed, subject as follows.
(4) If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination.
(5) A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.
(6) If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order.
(7) If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order.
(8) The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.
(1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.
(2) A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order—
(a) for development specified in the order, or
(b) for development of any class specified in the order.
(3) Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—
(a) provision for independent examination of orders proposed by qualifying bodies, and
(b) provision for the holding of referendums on orders proposed by those bodies.
(4) A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—
(a) must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and
(b) if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held and, in any event, by such date as may be prescribed.
(5) If—
(a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,
the authority may (but need not) make a neighbourhood development order to which the proposal relates.
(6) A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.
(7) For the meaning of “neighbourhood area”, see sections 61G and 61I(1).
(8) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
(9) Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).
(10) The regulations may in particular make provision—
(a) for the holding of an examination,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity,
(e) as to the information and documents that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public, and
(h) as to the making and consideration of representations (including the time by which representations must be made).
(11) The authority must publish in such manner as may be prescribed—
(a) their decision to act under subsection (4) or (8),
(b) their reasons for making that decision, and
(c) such other matters relating to that decision as may be prescribed.
(12) The authority must send a copy of the matters required to be published to—
(a) the qualifying body that initiated the process for the making of the order, and
(b) such other persons as may be prescribed.
(13) A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.
61F Authorisation to act in relation to neighbourhood areas
(1) For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.
(2) If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.
(3) For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.
(4) An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.
(5) A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—
(a) it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),
(b) its membership is open to—
(i) individuals who live in the neighbourhood area concerned,
(ii) individuals who work there (whether for businesses carried on there or otherwise), and
(iii) individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(c) its membership includes a minimum of 21 individuals each of whom—
(i) lives in the neighbourhood area concerned,
(ii) works there (whether for a business carried on there or otherwise), or
(iii) is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(d) it has a written constitution, and
(e) such other conditions as may be prescribed.
(6) A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.
(7) A local planning authority—
(a) must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—
(i) which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),
(ii) whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and
(iii) whose purpose reflects (in general terms) the character of that area,
(b) may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,
(c) may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and
(d) must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.
(8) A designation—
(a) ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and
(b) in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.
(8A) A designation ceases to have effect if—
(a) a new parish council is created or there is a change in the area of a parish council, and
(b) as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.
(8B) The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.
(9) A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—
(a) the conditions by reference to which it was designated, or
(b) any other criteria to which the authority were required to have regard in making the designation;
and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.
(10) A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.
(11) Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.
(12) Regulations—
(a) may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and
(b) may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).
(13) The regulations may in particular make provision—
(a) as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,
(b) as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,
(c) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,
(d) for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and
(e) requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.
(1) A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—
(a) a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and
(b) the authority are determining the application (but see subsection (5)).
(2) A “relevant body” means—
(a) a parish council, or
(b) an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).
(3) The specified area—
(a) in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and
(b) in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.
(4) In determining an application the authority must have regard to—
(a) the desirability of designating the whole of the area of a parish council as a neighbourhood area, and
(b) the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.
(5) If—
(a) a valid application is made to the authority,
(b) some or all of the specified area has not been designated as a neighbourhood area, and
(c) the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,
the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.
(6) The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.
(6A) The power in subsection (6) to modify designations already made includes power—
(a) to change the boundary of an existing neighbourhood area,
(b) to replace an existing neighbourhood area with two or more separate neighbourhood areas, and
(c) to replace two or more existing neighbourhood areas with a single neighbourhood area.
(6B) A neighbourhood area created by virtue of subsection (6A)(b) may have the boundary created by splitting it from the existing area or a different boundary.
(6C) A neighbourhood area created by virtue of subsection (6A)(c) may have the boundary created by combining the existing areas or a different boundary.
(6D) A modification under subsection (6) of a designation already made does not affect the continuation in force of a neighbourhood development order even though as a result of the modification—
(a) it no longer relates to a neighbourhood area, or
(b) it relates to more than one neighbourhood area.
(7) The areas designated as neighbourhood areas must not overlap with each other.
(8) A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.
(9) If the authority refuse an application, they must give reasons to the applicant for refusing the application.
(10) In this section “specified”, in relation to an application, means specified in the application.
(11) Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—
(a) as to the procedure to be followed in relation to designations,
(b) as to the giving of notice and publicity in connection with designations,
(c) as to consultation with and participation by the public in relation to designations,
(d) as to the making and consideration of representations about designations (including the time by which representations must be made),
(e) as to the form and content of applications for designations,
(f) requiring an application for a designation to be determined by a prescribed date,
(g) entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and
(h) about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).
(12) Regulations under subsection (11) may provide that where an application under this section—
(a) meets prescribed criteria, or
(b) has not been determined within a prescribed period,
the local planning authority must, except in prescribed cases or circumstances, exercise their powers under this section to designate the specified area as a neighbourhood area.
(13) The reference in subsection (12) to the designation of an area as a neighbourhood area includes the modification under subsection (6) of a designation already made.
61H Neighbourhood areas designated as business areas
(1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.
(2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.
(3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.
(4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.
61I Neighbourhood areas in areas of two or more local planning authorities
(1) The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.
(2) Regulations may make provision in connection with—
(a) the operation of subsection (1), and
(b) the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.
(3) The regulations may in particular make provision—
(a) modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),
(b) applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,
(c) requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and
(d) conferring powers or imposing duties on local planning authorities.
61J Provision that may be made by neighbourhood development order
(1) A neighbourhood development order may make provision in relation to—
(a) all land in the neighbourhood area specified in the order,
(b) any part of that land, or
(c) a site in that area specified in the order.
(2) A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.
(3) For the meaning of “excluded development”, see section 61K.
(4) A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.
(5) A neighbourhood development order may not relate to more than one neighbourhood area.
(5A) Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).
(6) A neighbourhood development order may make different provision for different cases or circumstances.
The following development is excluded development for the purposes of section 61J—
(a) development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,
(b) development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,
(c) development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),
(d) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),
(e) prescribed development or development of a prescribed description, and
(f) development in a prescribed area or an area of a prescribed description.
61L Permission granted by neighbourhood development orders
(1) Planning permission granted by a neighbourhood development order may be granted—
(a) unconditionally, or
(b) subject to such conditions or limitations as are specified in the order.
(2) The conditions that may be specified include—
(a) obtaining the approval of the local planning authority who made the order but not of anyone else, and
(b) provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.
(3) Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.
(4) The regulations may in particular make provision—
(a) as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),
(b) requiring parish councils in prescribed circumstances to cease determining applications for approvals,
(c) conferring powers or imposing duties on local planning authorities,
(d) treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),
(e) applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and
(f) disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.
(5) A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.
(6) Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).
(7) If—
(a) planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and
(b) the revocation is made after the development has begun but before it has been completed,
the development may, despite the withdrawal of the permission, be completed.
(8) But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.
61M Revocation or modification of neighbourhood development orders
(1) The Secretary of State may by order revoke a neighbourhood development order.
(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.
(3) If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.
(4) A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.
(4A) A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.
(5) If the qualifying body that initiated the process for the making of the neighbourhood development order mentioned in subsection (4) or (4A) is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) or (4A) is exercisable only with that body's consent.
(6) A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.
(7) Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.
(8) The regulations may in particular make provision—
(a) for the holding of an examination in relation to a revocation proposed to be made by the authority,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity in connection with a revocation or modification,
(e) as to the information and documents relating to a revocation or modification that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public in relation to a revocation, and
(h) as to the making and consideration of representations about a revocation (including the time by which representations must be made).
61N Legal challenges in relation to neighbourhood development orders
(1) A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.
(2) A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) or paragraph 13B of that Schedule (intervention powers of Secretary of State) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.
(3) A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the result of the referendum is declared.
Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).
61P Provision as to the making of certain decisions by local planning authorities
(1) Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).
(2) The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).
(1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.
(2) A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order—
(a) for development specified in the order, or
(b) for development of any description or class specified in the order.
(1) A “qualifying group”, in relation to a street vote development order, is a group of individuals—
(a) each of whom on the prescribed date meet the conditions in subsection (2), and
(b) comprised of at least—
(i) the prescribed number, or
(ii) the prescribed proportion of persons of a prescribed description.
(2) The conditions are that the individual—
(a) is entitled to vote in—
(i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or
(ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,
(b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and
(c) does not have an anonymous entry in the register of local government electors.
(3) A “relevant council” means—
(a) a district council,
(b) a London borough council,
(c) a metropolitan district council, or
(d) a county council in relation to any area in England for which there is no district council.
(4) For the purposes of this section—
(a) “anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;
(b) “Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;
(c) the Inner Temple and the Middle Temple are to be treated as forming part of the City of London;
(d) “qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.
(1) A “street area” means an area in England—
(a) which is of a prescribed description, and
(b) no part of which is within an excluded area.
(2) An “excluded area” means—
(a) a National Park or the Broads;
(b) an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;
(c) an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981;
(d) an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;
(e) an area identified as green belt land, local green space or metropolitan open land in a development plan;
(f) a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
(g) such other area as may be specified or described in regulations made by the Secretary of State.
(3) In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).
61QD Process for making street vote development orders
(1) The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.
(2) SVDO regulations must, in particular, make provision—
(a) for the appointment by the Secretary of State of a person to—
(i) handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals,
(ii) carry out the independent examination of such proposals, and
(iii) to make street vote development orders on the Secretary of State’s behalf,
(and for the above purposes the same or different persons may be appointed);
(b) as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.
(3) SVDO regulations may, in particular, include provision as to—
(a) the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);
(b) the form and content of a street vote proposal;
(c) the information and documents (if any) which must accompany a street vote proposal;
(d) the circumstances and the way in which a proposal may be withdrawn;
(e) the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;
(f) the circumstances in which an appointed person may or must decline to consider or reject a proposal;
(g) the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;
(h) the functions of the independent examination in relation to the proposal;
(i) the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);
(j) the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);
(k) the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);
(l) the award of costs in connection with an examination;
(m) the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);
(n) the payment by a local planning authority of remuneration and expenses relating to the examination;
(o) the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);
(p) cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);
(q) requirements about the giving of notice and publicity;
(r) the information and documents that are to be made available to the public;
(s) consultation with and participation by the public or prescribed persons;
(t) the making and consideration of representations;
(u) the determination of the time by or at which anything must be done in connection with street vote development orders;
(v) the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;
(w) the making of reasonable charges for anything done in connection with street vote development orders;
(x) when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.
(1) SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—
(a) as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;
(b) the functions of such councils in relation to the referendum;
(c) dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);
(d) prescribing a date by which the referendum must be held or before which it cannot be held;
(e) as to the question to be asked in the referendum and any explanatory material in relation to that question;
(f) as to voter eligibility for the referendum;
(g) as to the publicity to be given in connection with the referendum;
(h) as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);
(i) about the limitation of expenditure in connection with the referendum;
(j) as to the conduct of the referendum;
(k) as to when, where and how voting in the referendum is to take place;
(l) as to how the votes cast are to be counted;
(m) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;
(n) about the combination of polls at the referendum with polls at another referendum or at any election;
(o) as to the threshold of votes that must be met before a street vote development order may be made.
(2) For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.
(3) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.
(4) Before making provision within this section, the Secretary of State must consult the Electoral Commission.
(5) In this section “enactment” means an enactment, whenever passed or made.
SVDO regulations may—
(a) provide for exemptions (including exemptions which are subject to prescribed conditions);
(b) confer a function, including a function involving the exercise of a discretion, on any person.
61QG Provision that may be made by a street vote development order
(1) A street vote development order may make provision in relation to—
(a) all land in the street area specified in the order,
(b) any part of that land, or
(c) a site in that area specified in the order.
(2) A street vote development order may only provide for the granting of planning permission for any development that—
(a) is prescribed development or development of a prescribed description or class,
(b) is not excluded development, and
(c) satisfies any further prescribed conditions.
(3) A street vote development order may make different provision for different purposes.
The following development is excluded development for the purposes of section 61QG(2)(b) —
(a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;
(b) Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);
(c) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008);
(d) development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;
(e) development consisting of the winning and working of minerals;
(f) such other development as may be specified or described in regulations made by the Secretary of State.
61QI Permission granted by street vote development orders
(1) The granting of planning permission by a street vote development order is subject to—
(a) any prescribed conditions or limitations or conditions or limitations of a prescribed description, and
(b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).
(2) The conditions that may be specified include a condition that unless a relevant obligation is entered into—
(a) the development authorised by the planning permission or any description of such development must not be begun, or
(b) anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.
(3) A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.
(4) But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—
(a) is necessary to make the development specified in the order acceptable in planning terms,
(b) is directly related to the development,
(c) is fairly and reasonably related in scale and kind to the development, and
(d) satisfies such other requirements as may be specified in regulations made by the Secretary of State.
(5) The Secretary of State may by regulations provide that—
(a) conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),
(b) conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or
(c) no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description.
(6) A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.
(7) If—
(a) planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and
(b) the revocation is made after the development has begun but before it has been completed,
the development may, despite the withdrawal of the permission, be completed.
(8) But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.
(9) In this section “relevant obligation” means—
(a) an obligation under section 106 (planning obligations), or
(b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).
61QJ Revocation or modification of street vote development orders
(1) The Secretary of State may by order revoke or modify a street vote development order.
(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.
(3) If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation.
(4) An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.
(5) A modification of a street vote development order is to be done by replacing the order with a new one containing the modification.
(6) Regulations may make provision in connection with the revocation or modification of a street vote development order.
(7) The regulations may, in particular, include provision as to—
(a) the giving of notice and publicity in connection with a revocation or modification;
(b) the information and documents relating to a revocation or modification that are to be made available to the public;
(c) the making of reasonable charges for anything provided as a result of the regulations;
(d) consultation with and participation by the public in relation to a revocation or modification;
(e) the making and consideration of representations about a revocation or modification (including the time by which representations must be made).
61QK Financial assistance in relation to street votes
(1) The Secretary of State may do anything that the Secretary of State considers appropriate—
(a) for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or
(b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.
(2) The things that the Secretary of State may do under this section include, in particular—
(a) the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and
(b) the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).
(3) In this section—
(a) the reference to giving advice or assistance includes providing training or education;
(b) any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).