Town and Country Planning Act 1990

Planning and special control E+W

3 (1) The functions of a local planning authority of determining— E+W

(a) applications for planning permission;

[F1 (aa) applications for non-material changes to planning permission under section 96A;]

F2 [( b ) applications for a certificate under section 191 or 192]

shall, subject to sub-paragraph (2), be exercised by the district planning authority.

(2) The functions of a local planning authority of determining any such application as is mentioned in sub-paragraph (1) which [F3 relates] to a county matter shall be exercised by the county planning authority.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The previous provisions of this paragraph shall not apply to applications relating to land in a National Park F5 . . . .

Textual Amendments

F1 Sch. 1 para. 3(1)(aa) inserted (1.10.2009) by Planning Act 2008 (c. 29), ss. 190(6), 241 (with s. 226); S.I. 2009/2260, art. 3

F2 Sch. 1 para. 3(1)(b) substituted (27.7.1992) for para. 3(1)(b)(c) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(2)(with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F3 Word in Sch. 1 para. 3(2) substituted (25.11.1991 for certain purposes and otherwise 2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(a), 84(2)-(4)(with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 4)

F4 Sch. 1 para. 3(3)-(6) omitted (25.11.1991 for certain purposes and otherwise 2.1.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(b), 84(2)-(4)(6), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 4)

F5 Words in Sch. 1 para. 3(7) repealed (6.8.2004 for certain purposes, otherwise prosp .) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(3), Sch. 9 (with s. 111); S.I. 2004/2097, art. 2

4 F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) Where any [F7 application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case] to land in a National Park or an application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 92 falls to be determined by a [F8 National Park authority]. . ., that authority shall before determining it consult with [F9 any authority which (but for section 4A) would be F10 . . .] the district planning authority for the area in which the land to which the application relates is situated.

Textual Amendments

F6 Sch. 1 para. 4(1) repealed (25.11.1991 for certain purposes, 2.1.1992 for other purposes and 6.4.1992 so far as not yet in force) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 19(2)(b), 84(6), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 3 (subject to art. 5); S.I. 1992/665, art. 2

F7 Words in Sch. 1 para. 4(2) substituted (2.1.1992 for certain purposes and 6.4.1992 otherwise) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(3) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5); S.I. 1992/665, art. 2

F8 Words in Sch. 1 para. 4(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 23(14)(a)(i) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F9 Words in Sch. 1 para. 4(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(a)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F10 Words in Sch. 1 para. 4(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

5 (1) The Secretary of State may include in a development order such provisions as he thinks fit enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority— E+W

(a) the formation, laying out or alteration of any means of access to a road classified under section 12(3) of the M1 Highways Act 1980 or section 27 of the M2 Local Government Act 1966 or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b) any other operations or use of land which appear to the local highway authority to be likely to result in a material increase in the volume of traffic entering or leaving such a classified or proposed road, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road.

[F11 (2) The reference to a local planning authority in sub-paragraph (1) is to be construed as including neither—

(a) a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, nor

(b) a reference to a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011,

and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.]

(3) The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority [F12 , or by a Mayoral development corporation which is the local planning authority,] of planning permission for such descriptions of development as may be specified in the order.

Textual Amendments

F11 Sch. 1 para. 5(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 36(2)

F12 Words in Sch. 1 para. 5(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 36(3)

Marginal Citations

M1 1980 c. 66.

M2 1966 c. 42.

6 (1) A development order may also include provision requiring a county planning authority who are determining any application mentioned in paragraph 3 and relating to a county matter, or an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 and so relating, to give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application is determined, and to take into account any such recommendations. E+W

(2) It may also include provision requiring a county or district planning authority who have received any application so mentioned or any application for such approval F13 . . .) to notify the district or, as the case may be, county planning authority of the terms of their decision, or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

Textual Amendments

F13 Words in Sch. 1 para. 6(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 3, Sch.

[F14 6A (1) This paragraph applies to the functions of local planning authorities under any of sections 61E to 61Q and Schedules 4B and 4C (neighbourhood development orders). E+W

(2) Those functions are to be exercised by a district planning authority in any area of a non-metropolitan county.]

Textual Amendments

F14 Sch. 1 para. 6A inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 4; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

[F15 7 (1) A local planning authority must not determine an application for planning permission to which the consultation requirements apply unless it complies with sub-paragraph (7). E+W

(2) The consultation requirements are—

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) consultation by a district planning authority with the county planning authority for their area if the development is one to which sub-paragraph (4) applies.

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This sub-paragraph applies to—

(a) a development which would materially conflict with or prejudice the implementation of a relevant county policy,

(b) a development in an area in relation to which the county planning authority have given notice in writing to the district planning authority that development is likely to affect or be affected by the winning and working of minerals, other than coal,

(c) a development of land in respect of which the county planning authority have given notice in writing to the district planning authority that they propose to carry out development,

(d) a development which would prejudice a proposed development mentioned in paragraph (c) in respect of which notice has been given as so mentioned,

(e) a development of land in relation to which the county planning authority have given notice in writing to the district planning authority that it is proposed to use the land for waste disposal, or

(f) a development which would prejudice a proposed use mentioned in paragraph (e) in respect of which notice has been given as so mentioned.

(5) The consultation requirements do not apply—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in respect of a development to which sub-paragraph (4) applies if the county planning authority gives a direction authorising the determination of the application without compliance with the requirements.

(6) A direction under sub-paragraph (5) may be given in respect of a particular application or a description of application.

(7) If the consultation requirements apply the local planning authority—

(a) must give notice to [F19 [F20 the county planning authority] that they propose to consider the application,

(b) must send a copy of the application to [F21 the county planning authority] , and

(c) must not determine the application until the end of such period as is prescribed by development order beginning with the date of the giving of notice under paragraph (a).

(8) Sub-paragraph (7)(c) does not apply if before the end of the period mentioned in that sub-paragraph—

(a) the local planning authority have received representations concerning the application from [F22 the county planning authority] , or

(b) [F22 the county planning authority] gives notice that it does not intend to make representations.

F23 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A relevant county policy is—

(a) a policy contained in a local development document which has been prepared in accordance with a minerals and waste scheme and submitted to the Secretary of State in pursuance of section 20(1) of the 2004 Act or adopted by the county planning authority in pursuance of section 23 of that Act, F24 ...

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 [F27 (11)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The 2004 Act is the Planning and Compulsory Purchase Act 2004.]]

Textual Amendments

F15 Sch. 1 para. 7 substituted (6.8.2004 for certain purposes and 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

F16 Sch. 1 para. 7(2)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F17 Sch. 1 para. 7(3) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F18 Sch. 1 para. 7(5)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15

F19 Words in Sch. 1 para. 7(7)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 85, 148, 149, Sch. 5 para. 3(5); S.I. 2009/3318, art. 4

F20 Words in Sch. 1 para. 7(7)(a) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(b)

F21 Words in Sch. 1 para. 7(7)(b) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)

F22 Words in Sch. 1 para. 7(8) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)

F23 Sch. 1 para. 7(9) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F24 Word in Sch. 1 para. 7(10) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(q), Sch. 25 Pt. 15

F25 Sch. 1 para. 7(10)(b) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F26 Sch. 1 para. 7(11) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15

F27 Sch. 1 para. 7(11) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 85, 148, 149, Sch. 5 para. 3(7); S.I. 2009/3318, art. 4

F28 [ 8 (1) A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council of any parish F29 . . . situated in their area, notify the council of— E+W

(a) any relevant planning application; and

(b) any alteration to that application accepted by the authority.

(2) In sub-paragraph (1) “ a relevant planning application ” means an application which—

(a) relates to land in the parish F29 . . .; and

(b) is an application for—

(i) planning permission; or

(ii) approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3) Any request made for the purposes of sub-paragraph (1) shall be in writing and state that the council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4) An authority shall comply with the duty to notify a council of an application by—

(a) sending the council a copy of the application; or

(b) indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5) An authority shall comply with their duty to notify a council of an alteration by—

(a) sending a copy of the alteration to the council; or

(b) informing the council in writing of its general effect,

but they need not notify a council of an alteration which in their opinion is trivial.

(6) A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—

(a) to give the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b) to take into account any such representations;

(c) to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.]

Textual Amendments

F28 Sch. 1 para. 8 substituted (2.1.1992 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(5)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5); S.I. 1992/2831, art. 2 (with art. 3)

F29 Words in Sch. 1 para. 8(1)(2)(a) repealed (1.4.1996) by 1994 c. 19, ss. 20(4), 66(8), Sch. 6 Pt. II para. 24(15), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

9 (1) The functions of local planning authorities under the provisions of this Act relating to simplified planning zone schemes shall be exercised in non-metropolitan counties by the district planning authorities. E+W

F30 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 1 para. 9(2)(3) repealed (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 28, 84(6), Sch. 5 Pt. II para.3, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3); S.I. 1992/2831, art. 2, Sch.

10 E+W Elsewhere than in a National Park, the functions of a local planning authority under section 94 shall be exercisable by the district planning authority, except that where the relevant planning permission was granted by the county planning authority, those functions, so far as relating to that permission, shall be exercisable by the county planning authority and also by the district planning authority after consulting the county planning authority.

11 (1) The functions of a local planning authority of— E+W

(a) making orders under section 97 revoking or modifying planning permission, or under section 102 requiring discontinuance of use, imposing conditions on continuance of use or requiring the alteration or removal of buildings or works, or

(b) issuing enforcement notices under section 172 or serving [F31 planning contravention notices under section 171C or] stop notices under section 183 [F32 or breach of condition notices under section 187A],

shall, subject to sub-paragraphs (2) to (4), be exercisable by the district planning authority.

(2) In a case where it appears to the district planning authority of a district in a non-metropolitan county that the functions mentioned in sub-paragraph (1) relate to county matters, they shall not exercise those functions without first consulting the county planning authority.

(3) Subject to sub-paragraph (4), in a non-metropolitan county those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter.

(4) In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 1(1)(a) to (h) the functions of a local planning authority specified in sub-paragraph (1)(b) shall only be exercisable by the county planning authority in their capacity as mineral planning authority.

Textual Amendments

F31 Words in Sch. 1 para. 11(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F32 Words in Sch. 1 para. 11(1)(b) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6)(with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

12 E+W In sections 178(1), 181(4)(b) and 190(2) to (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of an notice issued or an order made by the Secretary of State, the authority named in the notice or order.

F33 [ 12A E+W The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question]

Textual Amendments

F33 Sch. 1 para. 12A inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(7) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)

13 (1) [F34 In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority] may only make a tree preservation order— E+W

(a) if they make it in pursuance of section 197(b);

(b) if it relates to land which does not lie wholly within the area of a single district planning authority;

(c) if it relates to land in which the county planning authority hold an interest; F35 . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.

Textual Amendments

F34 Words in Sch. 1 para. 13(1) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 32(14)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F35 Sch. 1 para. 13(d) and word “or” preceding it repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

14 E+W The functions of local planning authorities under sections 69, 211, 214, 220, 221, 224 and 225, and in non-metropolitan counties the functions under section 215, are exercisable by district planning authorities.

15 (1) The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made. E+W

(2) References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.