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In force since 2026-11-05, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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No one has proposed a change to this act yet.
The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.
Propose a changeIn sections 61QA to 61QL— “an appointed person” means a person appointed in accordance with section 61QD(2)(a); “excluded development” has the meaning given by section 61QH; “qualifying group” has the meaning given by section 61QB; “relevant council” has the meaning given by section 61QB(3); “street area” has the meaning given by section 61QC; “street vote development order” has the meaning given by section 61QA(2); “street vote proposal” has the meaning given by section 61QD(2)(a)(i); “SVDO regulations” has the meaning given by section 61QD(1).
Propose a change(1) Where— (a) a person proposes to make an application for planning permission , or permission in principle, for the development of any land in England, and (b) the proposed development is of a description specified in a development order, the person must carry out consultation on the proposed application in accordance with subsections (2) and (3). (2) The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land. (3) The person must consult each specified person about the proposed application. (4) Publicity under subsection (2) must— (a) set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and (b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time. (5) In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order. (6) Subsection (1) does not apply— (a) if the proposed application is an application under section 293A 293B, or (b) in cases specified in a development order. (7) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.
Propose a change(1) Subsection (2) applies where a person— (a) has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and (b) proposes to go ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application). (2) The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.
Propose a change(1) A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission or permission in principle. (2) The provision that may be made under subsection (1) includes (in particular)— (a) provision about, or in connection with, publicising the proposed application; (b) provision about, or in connection with, the ways of responding to the publicity; (c) provision about, or in connection with, consultation under section 61W(3); (d) provision about, or in connection with, collaboration between the person and others on the design of the proposed development; (e) provision as to the timetable (including deadlines) for— (i) compliance with section 61W(1), (ii) responding to publicity under section 61W(2), or (iii) responding to consultation under section 61W(3); (f) provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1); (g) provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f). (3) Provision under subsection (1) may be different for different cases.
Propose a change(1) This section applies where— (a) a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and (b) the proposed development is development of a description specified in a development order. (2) The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4). (3) The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land. (4) The applicant must consult each specified person about the proposed application. (5) Publicity under subsection (3) must— (a) set out how the applicant may be contacted by persons wishing to comment on the proposed development; (b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time. (6) For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order. (7) Subsection (2) does not apply— (a) if the proposed application is an application under section 293A, or (b) in cases specified in a development order. (8) A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)). (9) That provision may include — (a) provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation); (b) provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time); (c) provision about the timetable (including deadlines) for consultation; (d) provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).
Propose a change(1) The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers. (2) Regulations under this section may, in particular, make provision— (a) about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request); (b) about the nature of the services required to be provided, and when and how they are to be provided; (c) for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers; (d) about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations. (3) References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application. (4) A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.
Propose a change(1) The Welsh Ministers may by regulations make provision requiring— (a) records to be kept of requests for pre-application services; (b) records to be kept of pre-application services provided; (c) a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available. (2) The regulations may, in particular, include provision about— (a) the form and content of the records to be kept; (b) the form and content of the statement; (c) the way in which records are to be kept; (d) the publication of the statement and the persons to whom, and circumstances in which, it is to be made available. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A development order may make provision as to applications for planning permission or permission in principle made to a local planning authority. (2) Provision referred to in subsection (1) includes provision as to— (a) the form and manner in which the application must be made; (b) particulars of such matters as are to be included in the application; (c) documents or other materials as are to accompany the application. (2A) In subsections (1) and (2) references to applications for planning permission include references to — (za) applications for any consent, agreement or approval required by a condition under section 61C(1)(b), (a) applications for consent, agreement or approval as mentioned in section 61DB(2), and (b) applications for approval under section 61L(2) , and (c) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1). (3) The local planning authority may require that an application for planning permission must include— (a) such particulars as they think necessary; (b) such evidence in support of anything in or relating to the application as they think necessary. (4) But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1). (4A) Also, a requirement under subsection (3) in respect of an application ...— (a) must be reasonable having regard, in particular, to the nature and scale of the proposed development; and (b) may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application. (5) A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified— (a) a statement about the design principles and concepts that have been applied to the development; (b) a statement about how issues relating to access to the development have been dealt with. (6) The form and content of a statement mentioned in subsection (5) is such as is required by the development order. (7) In subsection (8) “a relevant application” means the application for planning permission or permission in principle in a case where a person— (a) has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and (b) is going ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application). (8) A development order must require that a relevant application be accompanied by particulars of— (a) how the person complied with section 61W(1), (b) any responses to the consultation that were received by the person, and (c) the account taken of those responses. (9) In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person— (a) has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and (b) is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application). (10) A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of— (a) how the applicant complied with section 61Z; (b) any responses to the consultation received from persons consulted under section 61Z(3) or (4); (c) the account taken of those responses. (11) A development order may make provision about the form and content of the pre-application consultation report.
Propose a change(1) This section applies where an application is made to a local planning authority in Wales— (a) for planning permission, or (b) for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted. (2) In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect. (3) The notice must— (a) identify the requirement in question, and (b) set out the authority's reasons for thinking the application does not comply with it. (4) In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that— (a) the application does not comply with the terms of the planning permission in question, or (b) a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application, by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner). (5) The notice must identify— (a) the information, documents or materials in question, and (b) the paragraph of subsection (4) which the authority think applies. (6) A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given). (7) A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that— (a) the local planning authority must not entertain the application (see section 327A), or (b) the period prescribed under section 78(2) does not begin to run in relation to the application.
Propose a change(1) If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers. (2) In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds— (a) that the application complies with the requirement identified in the notice given under section 62ZA(2); (b) that the application is not one to which the requirement applies; (c) that the requirement is not a validation requirement in relation to the application; (d) in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section. (3) In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds— (a) that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4); (b) in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission; (c) in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided. (4) The appeal must be made by giving notice that complies with any requirements prescribed by a development order. (5) The requirements may relate to how and when the notice is to be given and the information that is to accompany it. (6) The appeal is to be determined on the basis of representations in writing. (7) The Welsh Ministers must either— (a) dismiss the appeal, or (b) quash or vary the notice to which it relates. (8) The Welsh Ministers' decision on the appeal is final.
Propose a change(1) Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers. (2) In this section and section 62ZD, “appointed person” means a person appointed under subsection (1). (3) At any time before an appointed person determines an appeal, the Welsh Ministers may— (a) revoke the person's appointment, and (b) appoint another person under subsection (1) to determine the appeal. (4) An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A. (5) An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers. (6) The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.
Propose a change(1) The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers. (2) The Welsh Ministers must serve a copy of the direction on— (a) the person (if any) appointed to determine the appeal, (b) the appellant, and (c) the local planning authority. (3) In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal. (4) The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined. (5) The Welsh Ministers must serve a copy of a direction under subsection (4) on— (a) the person (if any) previously appointed to determine the appeal, (b) the appellant, and (c) the local planning authority. (6) Where the Welsh Ministers give a direction under subsection (4)— (a) they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal; (b) anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee; (c) subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.
Propose a change(1) A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made— (a) the local planning authority concerned is designated by the Secretary of State for applications of a description specified in the designation; and (b) the application falls within that description. (1A) Only prescribed descriptions of application may be specified in a designation under subsection (1). (2) In this section “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. (3) Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts— (a) that is— (i) an application for listed building consent ... under the Planning (Listed Buildings and Conservation Areas) Act 1990, ... (ia) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or (ii) an application of a description prescribed by the Secretary of State, (b) that is considered by the person making the application to be connected with the relevant application, (c) that would otherwise have to be made to the local planning authority or hazardous substances authority, (d) that is neither a relevant application nor an application of the kind described in section 73(1), and (e) that relates to land in England, may (if the person so chooses) be made instead to the Secretary of State. (4) If an application (“the connected application”) is made to the Secretary of State under subsection (3) 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 would 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. (5) The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final. (6) 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 to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection— (a) may relate to a particular application or to applications more generally; and (b) may be given to a particular authority or to authorities more generally.
Propose a change(1) An authority may be designated for the purposes of section 62A only if— (a) the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies, (b) by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and (c) the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies. (1A) A document to which subsection (2) applies may set out different criteria for each description of application prescribed under section 62A(1A). (2) This subsection applies to a document if— (a) the document has been laid before Parliament by the Secretary of State, (b) the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and (c) the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit. (3) In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid). (4) In calculating the 40-day period for a document, no account is to be taken of any period during which— (a) Parliament is dissolved or prorogued, or (b) both Houses of Parliament are adjourned for more than four days. (5) None of the following may be designated for the purposes of section 62A— (a) the Homes and Communities Agency; (b) the Mayor of London; (c) a Mayoral development corporation; (ca) a development corporation established under section 3 of the New Towns Act 1981; (d) an urban development corporation. (6) The Secretary of State must publish (in such manner as the Secretary of State thinks fit)— (a) any designation of an authority for the purposes of section 62A, and (b) any revocation of such a designation.
Propose a change(1) If an application is made to the Secretary of State under section 62A(1) 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 to 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. (3) An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1 or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.
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Propose a change(1) If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers. (2) The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section. (3) The second condition is that— (a) the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or (b) the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b), is development of a description prescribed by regulations made by the Welsh Ministers. (4) A qualifying application, for the purposes of this section, is— (a) an application for planning permission for the development of land in Wales...; (b) an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales. (5) But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers. (6) An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
Propose a change(1) In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions. (2) The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria. (3) The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales. (4) The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document. (5) The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit. (6) In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days. (7) The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority. (8) The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7). (9) An urban development corporation may not be designated for the purposes of section 62M.
Propose a change(1) This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M. (2) A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application. (3) A connected application, for this purpose, is an application under the planning Acts that— (a) relates to land in Wales, (b) is an application of a description prescribed by regulations made by the Welsh Ministers, and (c) is considered by the person making it to be connected to the principal application. (4) Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider— (a) that the application is not connected to the principal application, or (b) that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers. (5) The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority. (6) An application referred to an authority under subsection (5)— (a) is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and (b) is to be determined by the authority accordingly. (7) A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).
Propose a change(1) A decision of the Welsh Ministers on an application made to them under section ... 62M or 62O is final. (2) The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section ... 62M that would otherwise have been made to the authority. (3) The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority. (4) Directions given under this section— (a) may relate to a particular application or description of application, or to applications generally; (b) may be given to a particular authority or description of authority, or to authorities generally. (5) The power to give directions under this section includes power to vary or revoke the directions.
Propose a change(1) This section applies if— (a) an application is made to the Welsh Ministers under section ... 62M or 62O, and (b) a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications). (2) The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A. (3) The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A. (4) The “relevant local planning authority”, for this purpose, is— (a) in the case of an application under section ... section 62M, the local planning authority to which (but for that section) the application would have been made; (b) in the case of an application under section ... 62O which (but for that section) would have been made to a local planning authority, that authority.
Propose a change(1) A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section ... 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section ... 62M or 62O, is to be dealt with by the Welsh Ministers. (2) That provision may include provision about— (a) consultation to be carried out by the Welsh Ministers; (b) the variation of an application.
Propose a changeSchedule 4D has effect with respect to the exercise of functions by appointed persons in connection with ... applications made to the Welsh Ministers under section 62M or 62O.
Propose a change(1) A development order may make provision requiring— (a) notice to be given of any application for planning permission or permission in principle, and (b) any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used, and provide for publicising such applications and for the form, content and service of such notices and certificates. (2) Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or an agricultural tenant of that land, is given notice of the application in such manner as may be required by the order. (3) A development order may require an applicant for planning permission or permission in principle to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied. (3A) In subsections (1) and (3) references to — (a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and (b) any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval , and (c) any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval. (4) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development. (5) A local planning authority shall not entertain an application for planning permission or permission in principle unless any requirements imposed by virtue of this section have been satisfied. (6) If any person— (a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or (b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular, he shall be guilty of an offence. (7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (8) In this section— “agricultural tenant”, in relation to any land, means any person who— is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land; “owner” in relation to any land means any person who— is the estate owner in respect of the fee simple; is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed, and the reference to the interests in the land to which an application for planning permission or permission in principle relates includes any interest in any mineral in, on or under the land. (9) Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.
Propose a change(1) Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant— (a) a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates; (b) a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out— (i) the names of those persons, (ii) the addresses at which notice of the application was given to them respectively, and (iii) the date of service of each such notice; (c) a certificate stating— (i) that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b), (ii) that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and (iii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so; (d) a certificate stating— (i) that the applicant is unable to issue a certificate in accordance with paragraph (a), and (ii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so. (2) Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated. (3) The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a). (4) In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement — (a) that none of the land to which the application relates constitutes or forms part of an agricultural holding; or (b) that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates. (5) Such a statement as is mentioned in subsection (4)(b) must set out— (a) the name of each person to whom the applicant has given notice of the application, (b) the address at which notice was given to him, and (c) the date of service of that notice. (6) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate. (7) In this section— “ owner ”, in relation to any land, means a person who for the time being is— (a) the estate owner in respect of the fee simple in the land, or (b) entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and “ agricultural holding ” has the same meaning as in the Agricultural Holdings Act 1986.
Propose a change(1) In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications. (2) Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land. (3) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant— (a) stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land; (b) setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice; (c) stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and (d) stating that he has complied with subsection (7) and when he did so. (4) In this section “ relevant mineral ” means any mineral other than oil, gas, coal, gold or silver. (5) Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated. (6) The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3). (7) In order to comply with this subsection the applicant must— (a) post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and (b) leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority. (8) The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement. (9) If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances. (10) The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted). (11) Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.
Propose a change(1) If any person— (a) issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 and contains a statement which he knows to be false or misleading in a material particular, or (b) recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular, he shall be guilty of an offence. (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section. (4) Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.
Propose a change(1) The local planning authority must keep a register containing such information as is prescribed as to— (a) applications for planning permission; (aza) applications for permission in principle; (aa) applications for non-material changes to planning permission under section 96A; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) local development orders; (cza) Mayoral development orders; (czb) street vote development orders or proposals for such orders; (ca) neighbourhood planning matters; (d) simplified planning zone schemes; (e) applications for approval of biodiversity gain plans under Part 2 of Schedule 7A; (f) development progress reports under section 90B; (g) commencement notices under section 93G. (2) The register must contain— (a) information as to the manner in which applications mentioned in subsection (1)(a) and (aa) , (aa) , (aza) and (e) and requests mentioned in subsection (1)(b) have been dealt with; (b) such information as is prescribed with respect to any local development order , Mayoral development order, street vote development order or proposal for such an order, neighbourhood planning matter or simplified planning zone scheme in relation to the authority’s area; (c) such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority; (d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority. (2A) For the purposes of subsections (1) and (2) “neighbourhood planning matters” means— (a) neighbourhood development orders; (b) neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and (c) proposals for such orders or plans. (3) A development order may require the register to be kept in two or more parts. (4) Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) , (aa) , (aza) and (b). (5) A development order may also make provision— (a) for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them; (b) for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of. (6) Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register. (7) The register must be kept in such manner as is prescribed. (8) The register must be kept available for inspection by the public at all reasonable hours. (9) Anything prescribed under this section must be prescribed by development order.
Propose a change(1) A register kept under section 69 by a local planning authority in England must (in addition to the information prescribed under that section) also contain such information as is prescribed as to— (a) prior approval applications made in connection with planning permission granted by a development order; (b) the manner in which such applications have been dealt with by the authority; (c) notifications of proposed development made in connection with planning permission granted by a development order; (d) any actions taken by the authority following such notifications. (2) A “prior approval application”, in connection with planning permission granted by a development order, means an application made to a local planning authority for— (a) any approval of the authority required under the order, or (b) a determination from the authority as to whether such approval is required. (3) A “notification of proposed development”, in connection with planning permission granted by a development order, means a notification made to a local planning authority to meet a requirement under the order. (4) The power in subsection (1)(b) to prescribe information as to the manner in which applications have been dealt with by a local planning authority includes power to prescribe information as to cases where the authority does not respond to an application. (5) Where the register is kept in two or more parts, each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) and (c). (6) A development order may also make provision— (a) for a specified part of the register to contain copies of applications or notifications and of any documents or material submitted with them; (b) for the entry relating to an application (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of; (c) for the entry relating to a notification (and everything relating to it) to be removed from that part of the register in such circumstances as may be prescribed. (7) Provision under subsection (6)(b) or (c) does not prevent the inclusion of a different entry relating to the application or notification in another part of the register. (8) Anything prescribed under this section must be prescribed by development order. (9) A development order— (a) may make different provision for different kinds of application or notification; (b) may make provision which applies generally or only in relation to particular kinds of notification or application.
Propose a change(1) Where an application is made to a local planning authority for planning permission— (a) subject to ... paragraph 13 of Schedule 7A and sections 90B, 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or (b) they may refuse planning permission. (1A) Where an application is made to a local planning authority for permission in principle— (a) they may grant permission in principle; or (b) they may refuse permission in principle. (2) In dealing with an application for planning permission or permission in principle the authority shall have regard to— (a) the provisions of the development plan, so far as material to the application, (aza) a post-examination draft neighbourhood development plan, so far as material to the application, (aa) any considerations relating to the use of the Welsh language, so far as material to the application; (b) any local finance considerations, so far as material to the application, and (c) any other material considerations. (2ZZA) The authority must determine an application for technical details consent in accordance with the relevant permission in principle. This is subject to subsection (2ZZC). (2ZZB) An application for technical details consent is an application for planning permission that— (a) relates to land in respect of which permission in principle is in force, (b) proposes development all of which falls within the terms of the permission in principle, and (c) particularises all matters necessary to enable planning permission to be granted without any reservations of the kind referred to in section 92. (2ZZC) Subsection (2ZZA) does not apply where— (a) the permission in principle has been in force for longer than a prescribed period, and (b) there has been a material change of circumstances since the permission came into force. “Prescribed” means prescribed for the purposes of this subsection in a development order. (2ZA) Subsection (2)(aa) applies only in relation to Wales. (2A) Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not apply in relation to Wales. (3) Subsection (1) has effect subject to section 65 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , to section 160 of the Historic Environment (Wales) Act 2023 and to section 15 of the Health Services Act 1976. (3B) For the purposes of subsection (2)(aza) (but subject to subsections (3D) and (3E)) a draft neighbourhood development plan is a “post-examination draft neighbourhood development plan” if— (a) a local planning authority have made a decision under paragraph 12(4) of Schedule 4B with the effect that a referendum or referendums are to be held on the draft plan under that Schedule, (b) the Secretary of State has directed under paragraph 13B(2)(a) of that Schedule that a referendum or referendums are to be held on the draft plan under that Schedule, (c) an examiner has recommended under paragraph 13(2)(a) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 (examination of modified plan) that a local planning authority should make the draft plan, or (d) an examiner has recommended under paragraph 13(2)(b) of that Schedule that a local planning authority should make the draft plan with modifications. (3C) In the application of subsection (2)(aza) in relation to a post-examination draft neighbourhood development plan within subsection (3B)(d), the local planning authority must take the plan into account as it would be if modified in accordance with the recommendations. (3D) A draft neighbourhood development plan within subsection (3B)(a) or (b) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if— (a) section 38A(4)(a) (duty to make plan) or (6) (cases in which duty does not apply) of the Planning and Compulsory Purchase Act 2004 applies in relation to the plan, (b) section 38A(5) (power to make plan) of that Act applies in relation to the plan and the plan is made by the local planning authority, (c) section 38A(5) of that Act applies in relation to the plan and the local planning authority decide not to make the plan, (d) a single referendum is held on the plan and half or fewer of those voting in the referendum vote in favour of the plan, or (e) two referendums are held on the plan and half or fewer of those voting in each of the referendums vote in favour of the plan. (3E) A draft neighbourhood development plan within subsection (3B)(c) or (d) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if— (a) the local planning authority make the draft plan (with or without modifications), or (b) the local planning authority decide not to make the draft plan. (3F) The references in subsection (3B) to Schedule 4B are to that Schedule as applied to neighbourhood development plans by section 38A(3) of the Planning and Compulsory Purchase Act 2004. (4) In this section— “local finance consideration” means— a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; “relevant authority” means— a district council; a county council in England; the Mayor of London; the council of a London borough; a Mayoral development corporation; a development corporation established under section 3 of the New Towns Act 1981; an urban development corporation; a housing action trust; the Council of the Isles of Scilly; the Broads Authority; a National Park authority in England; the Homes and Communities Agency; or a joint committee established under section 15J of the Planning and Compulsory Purchase Act 2004.
Propose a change(1) A local planning authority may decline to determine an application for planning permission for the development of any land if— (a) within the period of two years ending with the date on which the application is received, the Welsh Ministers have refused a similar application made to them under section ... 62M or 62O, or referred to them under section 77, or have dismissed an appeal against the refusal of a similar application; and (b) in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations. (2) For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same. (3) The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application. (1) A local planning authority may decline to determine a relevant application if— (a) any of the conditions in subsections (2) to (4) is satisfied, and (b) the authority think there has been no significant change in the relevant considerations since the relevant event. (2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application made to the Secretary of State under section 62A or referred to him under section 76A or 77. (3) The condition is that in that period the Secretary of State has dismissed an appeal— (a) against the refusal of a similar application, or (b) under section 78(2) in respect of a similar application. (4) The condition is that— (a) in that period the local planning authority have refused more than one similar application, and (b) there has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn. (4A) A local planning authority in England may also decline to determine a relevant application if— (a) the condition in subsection (4B) is satisfied, and (b) the authority think there has been no significant change in the relevant considerations since the relevant event. (4B) The condition is that— (a) in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application, (b) the similar application was an application deemed to have been made by section 177(5), and (c) the land to which the application mentioned in subsection (4A) and the similar application relate is in England. (5) A relevant application is— (a) an application for planning permission for the development of any land; (aa) an application for permission in principle for the development of any land; (b) an application for approval in pursuance of section 60(1A), (2), (2A) or (2B). (6) The relevant considerations are— (a) the development plan so far as material to the application; (b) any other material considerations. (7) The relevant event is— (a) for the purposes of subsections (2) , (4) and (4B) the refusal of the similar application; (b) for the purposes of subsection (3) the dismissal of the appeal. (8) Subject to subsection (9), an application is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same. (9) An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).
Propose a change