Housing and Planning Act 2016

160 Development consent for projects that involve housing E+W

(1) Section 115 of the Planning Act 2008 (development for which development consent may be granted) is amended as follows.

(2) At the end of subsection (1) insert “, or

(c) related housing development.”

(3) In subsection (2)(b), for “is not” substitute “ does not consist of or include ”.

(4) Before subsection (5) insert—

“(4B) Related housing development” means development which—

(a) consists of or includes the construction or extension of one or more dwellings,

(b) is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),

(c) is to be carried out wholly in England, and

(d) meets the condition in subsection (4C).

(4C) Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea.”

(5) In subsection (5), after “associated development” insert “ or related housing development ”.

(6) At the end insert—

“(7) The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.”

Commencement Information

I1 S. 160 in force at 6.4.2017 by S.I. 2017/281, reg. 4(i) (with reg. 7)