C1C2C3C4C5C6C7C8C9C10C11 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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)

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

F1Power to impose conditions on grant of planning permission in England

Annotations:
Amendments (Textual)
F1

S. 100ZA and cross-heading inserted (19.7.2017 for specified purposes, 1.10.2018 for specified purposes) by Neighbourhood Planning Act 2017 (c. 20), ss. 14(1), 46(1) (with s. 14(3)); S.I. 2017/767, reg. 2(e); S.I. 2018/567, reg. 3(a)

100ZARestrictions on power to impose planning conditions in England

1

The Secretary of State may by regulations provide that—

a

conditions of a prescribed description may not be imposed in any circumstances on a relevant grant of planning permission for the development of land in England,

b

conditions of a prescribed description may be imposed on any such grant only in circumstances of a prescribed description, or

c

no conditions may be imposed on any such grant in circumstances of a prescribed description.

2

Regulations under subsection (1) may make provision only if (and in so far as) the Secretary of State is satisfied that the provision is appropriate for the purposes of ensuring that any condition imposed on a relevant grant of planning permission for the development of land in England is—

a

necessary to make the development acceptable in planning terms,

b

relevant to the development and to planning considerations generally,

c

sufficiently precise to make it capable of being complied with and enforced, and

d

reasonable in all other respects.

3

Before making regulations under subsection (1) the Secretary of State must carry out a public consultation.

4

Subsection (5) applies in relation to an application for a relevant grant of planning permission for the development of land in England.

5

Planning permission for the development of the land may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition.

6

But the requirement under subsection (5) for the applicant to agree to the terms of a pre-commencement condition does not apply in such circumstances as may be prescribed.

7

Before making regulations under subsection (6) the Secretary of State must carry out a public consultation.

8

“Pre-commencement condition” means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with—

a

before any building or other operation comprised in the development is begun, or

b

where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.

9

A power conferred by any provision of this Part to impose a condition on a relevant grant of planning permission for the development of land in England is subject to—

a

regulations under subsection (1), and

b

subsection (5).

10

The Secretary of State must issue guidance to local planning authorities about the operation of this section and regulations made under it.

11

The Secretary of State may, from time to time, revise guidance issued under subsection (10).

12

The Secretary of State must arrange for guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

13

In this section—

a

references to a relevant grant of planning permission are to any grant of permission to develop land which is granted on an application made under this Part;

b

references to a grant include the modification of any such grant;

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references to a condition include a limitation F2but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition),

and “prescribed” means prescribed by the Secretary of State.