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Part IIIE+W Control over development

Modifications etc. (not altering text)

C1Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C4Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Applications for planning permission [F1or permission in principle] E+W

Textual Amendments

F1Words in s. 62 cross-heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 7; S.I. 2016/733, reg. 3(d)

[F362 Applications for planning permission [F2or permission in principle].E+W

(1)A development order may make provision as to applications for planning permission [F4or 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.

[F5(2A)In subsections (1) and (2) references to applications for planning permission include references to [F6—

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(b)] applications for approval under section 61L(2).]

(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).

[F7(4A)Also, a requirement under subsection (3) in respect of an application F8...—

(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.]

[F9(7)In subsection (8) “a relevant application” means the application for planning permission [F10or 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 [F11or permission in principle], and

(b)is going ahead with making an application for planning permission [F11or 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.]

[F12(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.]

Textual Amendments

F3S. 62 substituted (6.8.2004 for certain purposes, 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3 (with art. 4) (as amended by S.I. 2010/321, art. 3); S.I. 2007/1369, art. 2 (with art. 3) (as amended by S.I. 2010/321, art. 4)

F5S. 62(2A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 5; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); 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)

F6Words in s. 62(2A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 6

F8Words in s. 62(4A) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 28, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 8)

F9S. 62(7)(8) inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(2), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)

F12S. 62(9)-(11) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)

Modifications etc. (not altering text)