Town and Country Planning Act 1990 (c. 8)

SCHEDULES

SCHEDULE 1 E+W Local Planning Authorities: Distribution of Functions

Planning and special control E+W

F1 [ 8 (1) A local planning authority who have the function of determining applications for planning permission [F2 or permission in principle] shall, if requested to do so by the council of any parish F3 . . . 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 F3 . . .; and

(b) is an application for—

(i) planning permission [F4 or permission in principle]; 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.

[F5 (3A) Sub-paragraph (3B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if—

(a) there is a relevant neighbourhood development plan for a neighbourhood area all or part of which falls within the authority's area, and

(b) a parish council are authorised to act in relation to the neighbourhood area as a result of section 61F.

(3B) The local planning authority must notify the parish council of—

(a) any relevant planning application, and

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

(3C) Sub-paragraph (3B) does not apply if the parish council have notified the local planning authority in writing that they do not wish to be notified of any such application.

(3D) If the parish council have notified the local planning authority in writing that they only wish to be notified under sub-paragraph (3B) of applications of a particular description, that sub-paragraph only requires the authority to notify the council of applications of that description.

(3E) For the purposes of sub-paragraphs (3A) to (3D)—

• “neighbourhood area” means an area designated as such under section 61G;

• “relevant neighbourhood development plan” means—

  (a)

  a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3F), or

  (b)

  a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (plans which have been made or approved in a referendum);

• “relevant planning application” means an application which relates to land in the neighbourhood area and is an application for—

  (a)

  planning permission or permission in principle, or

  (b)

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

(4) An authority shall comply with [F6 a duty under this paragraph] 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 [F7 a duty under this paragraph] 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

F1 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)

F2 Words in Sch. 1 para. 8(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 41(4); S.I. 2016/733, reg. 3(d)

F3 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

F4 Words in Sch. 1 para. 8(2)(b)(i) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 41(4); S.I. 2016/733, reg. 3(d)

F5 Sch. 1 para. 8(3A)-(3E) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(3), 46(3); S.I. 2018/38, reg. 3(a)

F6 Words in Sch. 1 para. 8(4) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(4), 46(3); S.I. 2018/38, reg. 3(a)

F7 Words in Sch. 1 para. 8(5) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(5), 46(3); S.I. 2018/38, reg. 3(a)