70B Power to decline to determine overlapping application
(1) A local planning authority may decline to determine an application for planning permission, or permission in principle, for the development of any land which is
(a) made on the same day as a similar application, or
(b) made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 62A, 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
(4A) A local planning authority in England may also decline to determine an application for planning permission, or permission in principle, for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.
(4B) The condition is that—
(a) a similar application is under consideration by the Secretary of State,
(b) the similar application is an application deemed to have been made by section 177(5), and
(c) the Secretary of State has not issued his decision.
(5) 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.
(6) The determination period is—
(a) the period prescribed by the development order for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.
(7) If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.
70C Power to decline to determine retrospective application
(1) A local planning authority ... may decline to determine an application for planning permission or permission in principle for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.
(2) For the purposes of the operation of this section in relation to any particular application for planning permission or permission in principle, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.
70D Power to decline to determine applications in cases of earlier non-implementation etc
(1) A local planning authority in England may decline to determine an application for planning permission for the development of any land if—
(a) the development is development of a prescribed description,
(b) the application is made by—
(i) a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or
(ii) a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”),
(c) the earlier development was of a description prescribed under paragraph (a), and
(d) subsection (2) or (3) applies to the earlier development.
(2) This subsection applies to the earlier development if the earlier development has not begun.
(3) This subsection applies to the earlier development if—
(a) the earlier development has begun but has not been substantially completed, and
(b) the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow.
(4) In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular—
(a) in a case where a commencement notice under section 93G has been given, whether the development—
(i) was begun by the date specified in the notice, and
(ii) was carried out in accordance with any timescales specified in it,
(b) whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and
(c) any prescribed circumstances.
(5) Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section.
(6) If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application.
(7) If a person to whom a notice under subsection (5) is given—
(a) makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or
(b) recklessly makes such a statement which is false or misleading in a material particular,
the person is guilty of an offence.
(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine.
(9) Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies.
71 Consultations in connection with determinations under s. 70.
(1) A development order may provide that a local planning authority shall not determine an application for planning permission or permission in principle before the end of such period as may be prescribed.
(2) A development order may require a local planning authority—
(a) to take into account in determining such an application such representations, made within such period, as may be prescribed; and
(b) to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
(2ZA) In subsections (1) and (2) references to —
(a) an application for consent, agreement or approval as mentioned in section 61DB(2), and
(b) an application for planning permission include references to an application for approval under section 61L(2) , and
(c) an application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
(2A) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(3) Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
(3A) Subsection (3) does not apply in relation to planning permission granted by a Mayoral development order or a neighbourhood development order.
(4) In this section—
“prescribed” means prescribed by a development order
“site licence” means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act).
(1) A development order may include provision as to—
(a) the form of decision notices,
(b) the manner in which decision notices are to be given, and
(c) the particulars to be contained in decision notices.
(2) A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.
(3) Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.
(4) Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—
(a) a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or
(b) such a condition or limitation is imposed, removed or altered.
(5) The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.
(6) The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.
(7) In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.
71ZB Notification of initiation of development and display of notice: Wales
(1) Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—
(a) stating the date on which the development is to begin;
(b) giving details of the planning permission and of such other matters as may be specified by a development order.
(2) A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.
(3) A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.
(4) A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).
(5) A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.
(6) For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.
(1) Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—
(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
(2) A planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
(3) Where—
(a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition; and
(b) any building or other operations are commenced after the time so specified,
the commencement and carrying out of those operations do not constitute development for which that permission was granted.
(4) Subsection (3)(a) does not apply to a condition attached to the planning permission by or under section 91 or 92.
(5) Part I of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials, and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.
(6) See also section 100ZA, which makes provision about restrictions on the power to impose conditions by virtue of this section on a grant of planning permission in relation to land in England.
73 Determination of applications to develop land without compliance with conditions previously attached.
(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
(2) On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and
(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
(2A) See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (2) on a grant of planning permission in relation to land in England.
(2B) Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
(2C) Subsection (2D) applies where—
(a) for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”),
(b) planning permission is granted under this section, and
(c) the conditions subject to which the planning permission is granted under this section—
(i) do not affect the post-development value of the onsite habitat as specified in the earlier biodiversity gain plan, and
(ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat within the meaning of regulations made under paragraph 18 of Schedule 7A, do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier biodiversity gain plan.
(2D) Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.
(2E) Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).
(3) Special provision may be made with respect to such applications—
(a) by regulations under section 62 as regards the form and content of the application, and
(b) by a development order as regards the procedure to be followed in connection with the application.
(4) This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.
(5) Planning permission must not be granted under this section for the development of land in England to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
(a) a development must be started;
(b) an application for approval of reserved matters (within the meaning of section 92) must be made.
73A Planning permission for development already carried out.
(1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
(2) Subsection (1) applies to development carried out—
(a) without planning permission;
(b) in accordance with planning permission granted for a limited period; or
(c) without complying with some condition subject to which planning permission was granted.
(3) Planning permission for such development may be granted so as to have effect from—
(a) the date on which the development was carried out; or
(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
74 Directions etc. as to method of dealing with applications.
(1) Provision may be made by a development order for regulating the manner in which applications for planning permission , or permission in principle, to develop land are to be dealt with by local planning authorities, and in particular—
(a) for enabling the Secretary of State to give directions restricting the grant of planning permission or permission in principle by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;
(b) for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission , or permission in principle, for development which does not accord with the provisions of the development plan;
(c) for requiring that, before planning permission or permission in principle for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;
(d) for requiring the local planning authority to give to any applicant for planning permission or permission in principle, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
(e) for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;
(f) for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission or permission in principle made to the authority, including information as to the manner in which any such application has been dealt with.
(1ZA) In subsection (1)—
(a) in paragraph (c) the reference to planning permission for any development includes a reference to —
(i) a consent, agreement or approval as mentioned in section 61DB(2), and
(ii) an approval under section 61L(2), and
(iii) a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and
(b) in paragraph (f) references to applications for planning permission include references to —
(i) applications for consent, agreement or approval as mentioned in section 61DB(2), and
(ii) applications for approvals under section 61L(2) , and
(iii) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
(1A) Provision may be made by a development order—
(a) for determining the persons to whom applications under this Act are to be sent; and
(b) for requiring persons to whom such applications are sent to send copies to other interested persons.
(1B) Provision may be made by a development order—
(a) for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough—
(i) to consult with the Mayor of London before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or
(ii) to refuse an application for planning permission, or permission in principle, of a prescribed description in any particular case;
(b) for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and
(c) for modifying any provision of this Act relating to an appeal against a refusal of planning permission or permission in principle (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with a direction given by virtue of paragraph (a)(ii).
...
(1BA) In subsection (1B) “prescribed” means—
(a) prescribed by a development order, or
(b) specified in directions made under a development order by the Secretary of State or the Mayor of London.
(1BB) Matters prescribed under subsection (1B) by a development order may be prescribed by reference to the spatial development strategy, or a local plan, document which is or forms part of a minerals and waste plan or supplementary plan (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time.
(1C) In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—
(a) the development plan, and
(b) the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
so far as material to the application.
(2) Subsection (1) is subject to the provisions of . . . sections 67(7) and 73(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
(1) The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies.
(2) This section applies to a condition which—
(a) has been imposed on the grant of planning permission for the development of land in England, and
(b) requires the consent, agreement or approval of a local planning authority to any matter.
(2A) But this section does not apply to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
(3) Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given.
(4) A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if—
(a) a person (“the applicant”) has applied to the local planning authority for the consent, agreement or approval required by the condition,
(b) the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and
(c) the applicant has taken such further steps (if any) as are prescribed under subsection (5).
(5) The Secretary of State may by development order make provision about the procedure for the deemed discharge of a planning condition and, in particular, provision—
(a) allowing or requiring steps to be taken by the applicant or the local planning authority;
(b) as to the time at which or period within which a step may or must be taken;
(c) as to the time at which the deemed discharge takes effect (including for this to be determined by the applicant, subject to such limitations as may be prescribed);
(d) for a time or period within paragraph (b) or (c) to be modified by agreement between the applicant and the local planning authority;
(e) as to the form or content of any notice which may or must be given as part of the procedure, and as to the means by which it may or must be given.
(6) The Secretary of State may by development order provide that provision for deemed discharge of a condition does not apply—
(a) in relation to a condition of a prescribed description;
(b) in relation to a condition imposed on the grant of planning permission of a prescribed description;
(c) in relation to a condition imposed on the grant of planning permission for development of a prescribed description;
(d) in other prescribed circumstances.
(7) The power in subsection (6)(d) includes power to provide that provision for deemed discharge of a condition does not apply where an applicant for planning permission and the local planning authority to whom the application is made agree, before or after planning permission is granted, that it should not apply in relation to a condition imposed on the grant of permission.
(8) The Secretary of State may by development order make provision for section 78(2) (appeals to the Secretary of State) not to apply, or to apply with modifications, where—
(a) a person has applied for the consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission,
(b) the local planning authority have not given notice to that person of their decision on the application within the period mentioned in section 78(2), and
(c) the person has taken such further steps (if any) as are prescribed to bring about the deemed discharge of the planning condition.
(9) A development order which makes provision for deemed discharge of a condition must limit the application of that provision to a condition imposed on the grant of planning permission following an application made after the development order comes into force.
(10) In this section—
“condition” includes a limitation;
“prescribed” means prescribed by development order made by the Secretary of State.
75 Effect of planning permission or permission in principle.
(1) Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission or permission in principle, any grant of planning permission or permission in principle to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
(3) If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
75ZB Information about neighbourhood development plans
(1) This section applies where—
(a) a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in principle, and
(b) the proposed development is in an area for which a neighbourhood development plan (made under section 38A of the Planning and Compulsory Purchase Act 2004) is in force.
(2) The report must—
(a) set out how the plan was taken into account in making the recommendation, and
(b) identify any points of conflict between the plan and the recommendation.
75A Provisions applying for purpose of applications made to the Welsh Ministers
(1) A development order may provide for an applicable enactment or requirement—
(a) to apply, with or without modifications, to an application made to the Welsh Ministers under section ... 62M or 62O, or
(b) not to apply to such an application.
(2) For this purpose an applicable enactment or requirement, in relation to an application made to the Welsh Ministers under section ... 62M or 62O, is—
(a) any provision of or made under this Act, or any other enactment, relating to applications of that kind when made to the relevant authority;
(b) any requirements imposed by a development order in respect of applications of that kind when made to the relevant authority.
(3) The “relevant authority”, in relation to an application made to the Welsh Ministers under section ... 62M or 62O, is the authority to which, but for the section in question, the application would have been made.
(1) This section applies to—
(a) an application for planning permission;
(b) an application for the approval of a local planning authority required under a development order,
if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
(2) The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
(3) If the Secretary of State gives a direction under subsection (2) he may also direct that any application—
(a) under or for the purposes of the planning Acts, and
(b) which he thinks is connected with the application mentioned in subsection (1),
must also be referred to him instead of being dealt with by the local planning authority.
(4) If the Secretary of State gives a direction under this section—
(a) the application must be referred to him;
(b) he must appoint an inspector to consider the application.
(5) If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
(a) be in such form and contain such matter as is prescribed by development order;
(b) be submitted to the Secretary of State in accordance with such provision as is so prescribed.
(6) For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
(7) A direction under this section or section 76B may be varied or revoked by a subsequent direction.
(8) The decision of the Secretary of State on any application referred to him under this section is final.
(9) Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
(10) The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
(a) section 70;
(b) section 72(1) and (5);
(c) section 73;
(d) section 73A.
(11) A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
(12) This section does not apply to an application which relates to the development of land in Wales.
(1) This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
(2) The Secretary of State may direct the lead inspector—
(a) to consider such matters relating to the application as are prescribed;
(b) to make recommendations to the Secretary of State on those matters.
(3) After considering any recommendations of the lead inspector the Secretary of State may—
(a) appoint such number of additional inspectors as he thinks appropriate;
(b) direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
(4) An additional inspector must—
(a) comply with such directions as to procedural matters as the lead inspector gives;
(b) report to the lead inspector on the matters he is appointed to consider.
(5) A copy of directions given as mentioned in subsection (4)(a) must be given to—
(a) the person who made the application;
(b) the local planning authority;
(c) any other person who requests it.
(6) If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
(7) In every case the lead inspector must report to the Secretary of State on—
(a) his consideration of the application;
(b) the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
(8) The function of the lead inspector in pursuance of subsection (2)—
(a) may be exercised from time to time;
(b) includes making recommendations as to the number of additional inspectors required from time to time.
(9) The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.
76C Provisions applying to applications made under section 62A
(1) Sections 62(3) and (4), 65(5), 70 to 70C 70D, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.
(2) Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 , or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.
(2A) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority.
(2B) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.
(3) Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.
(1) An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.
(2) Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
(a) revoke the person's appointment; and
(b) appoint another person to determine the application instead.
(3) A person appointed under this section to determine an application for planning permission or permission in principle made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.
(4) Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.
(5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
(6) It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.
(7) Where any enactment (other than this section and section 319A)—
(a) refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or
(b) refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.
76E Applications under section 62A: determination by Secretary of State
(1) The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.
(2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
(a) the person, if any, appointed under section 76D to determine the application concerned,
(b) the applicant, and
(c) the local planning authority.
(3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
(a) in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
(b) subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.
(4) The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
(5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
(a) the person, if any, previously appointed under section 76D to determine the application concerned,
(b) the applicant, and
(c) the local planning authority.
(6) Where a direction is given under subsection (4) in relation to a direct application—
(a) anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and
(b) subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.
77 Reference of applications to Secretary of State.
(1) The Secretary of State may give directions requiring applications for planning permission or permission in principle, or for the approval of any local planning authority required under a development order , a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.
(2) A direction under this section—
(a) may be given either to a particular local planning authority or to local planning authorities generally; and
(b) may relate either to a particular application or to applications of a class specified in the direction.
(3) Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
(4) Subject to subsection (5)—
(a) where an application for planning permission is referred to the Secretary of State under this section, sections 70, 72(1) and (5), 73 and 73A shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the local planning authority;
(b) where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;
and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71.
(5) Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(6) Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.
(6A) Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.
(7) The decision of the Secretary of State on any application referred to him under this section shall be final.
78 Right to appeal against planning decisions and failure to take such decisions.
(1) Where a local planning authority—
(a) refuse an application for planning permission or grant it subject to conditions;
(aa) refuse an application for permission in principle;
(b) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or
(c) refuse an application for any approval of that authority required under a development order , a local development order or a neighbourhood development order or grant it subject to conditions,
the applicant may by notice appeal to the Secretary of State.
(2) A person who has made such an application to the local planning authority may also appeal to the Secretary of State if the local planning authority have done none of the following—
(a) given notice to the applicant of their decision on the application;
(aa) given notice to the applicant that they have exercised their power under section 70A or 70B or 70C or 70D to decline to determine the application;
(b) given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,
within such period as may be prescribed by the development order or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations) or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(3) Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A.
(4) The time prescribed for the service of such a notice must not be less than—
(a) 28 days from the date of notification of the decision; or
(b) in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
(4A) A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.
(4AA) An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—
(a) the land to which the application relates is in Wales,
(b) granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and
(c) on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.
(4AB) An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—
(a) the land to which the application relates is in Wales,
(b) an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and
(c) on the determination of that appeal, the condition was not discharged under section 177.
(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4BA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.
(4BB) A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of the application of sections 79(1) and (3), 253(2)(c), 266(1)(b) , 288(10)(b) , 319A(7)(b) and 319B(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.
78A Appeal made: functions of local planning authorities
(1) This section applies if a person who has made an application mentioned in section 78(1)(a) or (aa) appeals to the Secretary of State under section 78(2).
(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a) the appeal must be treated as an appeal under section 78(1) against the refusal;
(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant an application mentioned in section 78(1)(a) subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a) to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
(b) to revise the grounds of the appeal;
(c) to change any option the person has chosen relating to the procedure for the appeal.
(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6) The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).
(1) On an appeal under section 78 the Secretary of State may—
(a) allow or dismiss the appeal, or
(b) reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
(1A) On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.
(1B) But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.
(2) Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(3) Subsection (2) does not apply to—
(a) an appeal referred to a Planning Inquiry Commission under section 101; or
(b) an appeal against a decision of a local planning authority in England.
(3A) Subsection (2) does not apply to an appeal to the Welsh Ministers.
(4) Subject to subsection (2)—
(a) sections70, 72(1) and (5), 73 and 73A and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application within section 78(1)(a), (b) or (c) as they apply in relation to an application for planning permission which falls to be determined by the local planning authority;
(b) section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;
anda development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71.
(5) The decision of the Secretary of State on such an appeal shall be final.
(6) If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—
(a) could not have been granted by the local planning authority; or
(b) could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
(6ZA) If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.
(6A) If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and
(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
(7) Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.
(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—
(a) for development specified in the scheme, or
(b) for development of any class so specified.
(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.
(1) Every local planning authority shall consider, as soon as practicable after 2nd November 1987, the question for which part or parts of their area a simplified planning zone scheme is desirable, and then shall keep that question under review.
(2) If as a result of their original consideration or of any such review a local planning authority decide that it is desirable to prepare a scheme for any part of their area they shall do so; and a local planning authority may at any time decide—
(a) to make a simplified planning zone scheme, or
(b) to alter a scheme adopted by them, or
(c) with the consent of the Secretary of State, to alter a scheme approved by him.
(3) Schedule 7 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.
(3A) A simplified planning zone scheme for an area in Wales must be in general conformity with—
(a) the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and
(b) the strategic development plan for any ... area that includes all or part of the simplified planning zone (see sections 60M and 60N of that Act).
(5) In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009
84 Simplified planning zone schemes: conditions and limitations on planning permission.
(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and
(b) conditions or limitations requiring the consent, agreement or approval of the local planning authority in relation to particular descriptions of permitted development.
(2) Different conditions or limitations may be specified in a simplified planning zone scheme for different cases or classes of case.
(3) Nothing in a simplified planning zone scheme shall affect the right of any person—
(a) to do anything not amounting to development, or
(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.
(4) No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
(5) A simplified planning zone scheme may not disapply the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
(2) When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.
(1) This section applies where alterations to a simplified planning zone scheme are adopted or approved.
(2) The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.
(3) The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
(4) The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.
(5) The adoption or approval of alterations providing for—
(a) the exclusion of land from the simplified planning zone,
(b) the withdrawal of planning permission, or
(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.
(6) The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.
87 Exclusion of certain descriptions of land or development.
(1) The following descriptions of land may not be included in a simplified planning zone—
(a) land in a National Park;
(b) land in a conservation area;
(c) land within the Broads;
(d) land in an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty;
(e) land identified in the development plan for the district as part of a green belt;
(f) land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).
(2) Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not operate to exclude it from the zone.
(3) The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
(a) in relation to an area of land specified in the order or to areas of land of a description so specified, or
(b) for development of a description specified in the order.
(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88 Planning permission for development in enterprise zones.
(1) An order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.
(2) The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.
(3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none is specified, shall be unconditional.
(3A) Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity gain condition).
(4) Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation—
(a) to a specified development; or
(b) to a specified class of development; or
(c) to a specified class of development in a specified area within the enterprise zone.
(5) An enterprise zone authority shall not give a direction under subsection (4) unless—
(a) they have submitted it to the Secretary of State, and
(b) he has notified them that he approves of their giving it.
(6) If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.
(7) The Secretary of State may by regulations make provision as to—
(a) the procedure for giving a direction under subsection (4); and
(b) the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).
(8) Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).
(9) Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application ... or by a development order , a local development order or a neighbourhood development order).
(10) Nothing in this section prejudices the right of any person to carry out development apart from this section.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Effect on planning permission of modification or termination of scheme.
(1) Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.
(2) When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.
(1) Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority or National Park authority, or by statutory undertakers who are not a local authority or National Park authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2) On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State or the Welsh Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—
(a) so much of the operation or change of use to which the consent relates as constitutes development;
(b) any development ancillary to the operation or change of use to which the consent relates.
(2ZA) On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State or the Welsh Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—
(a) a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;
(b) a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;
(c) a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.
(2A) On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes provision for development, the Secretary of State may direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.
(3) The provisions of this Act (except section 100ZA and Part XII) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 77 (so that section 71ZA applies as if references to the decision notice were to the direction).
(4) For the purposes of this section development is authorised by a government department if—
(a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
(b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
(c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
(d) authority is given by the department—
(i) for the borrowing of money for the purpose of the development, or
(ii) for the application for that purpose of any money not otherwise so applicable; or
(e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants;
and references in this section to the authorisation of a government department shall be construed accordingly.
(5) In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.
(6) In this section, references to England or Wales include—
(a) waters adjacent to England or Wales up to the seaward limits of the territorial sea, and
(b) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(7) In this section “electric line”, “extension”, “generating station” and “Renewable Energy Zone” have the same meanings as in Part 1 of the Electricity Act 1989.