Town and Country Planning Act 1990

[F1 327ZA Planning applications in England: powers as to form and content E+W

(1) Subsections (2) to (3) apply to a relevant power to make provision about—

(a) the form or manner in which a planning application is to be made, or

(b) the form or manner in which an associated document is to be provided.

(2) The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided—

(a) by particular electronic means, or

(b) by electronic means that satisfy particular technical standards or specifications.

(3) The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2).

(4) Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document.

(5) The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience.

(6) Subsection (7) applies to any power within subsection (1) or (4).

(7) The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question.

(8) Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection.

(9) In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England.

(10) It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter).

(11) In this section—

• “associated document” means any document or other material that—

  (a)

  accompanies, relates to, or is or is to be subject of, a planning application, and

  (b)

  is required by or under this Act to be provided by or on behalf of the person making the application;

• “planning application” means—

  (a)

  an application under, or for the purposes of, any provision of Part 3 or 8 of this Act or any subordinate provision made under that Part, or

  (b)

  an application under section 191 or 192,

  but does not include an application made in legal proceedings;

• “provided” includes prepared, submitted, issued, served, notified and published;

• “subordinate provision” means provision in an order or in regulations.]

Textual Amendments

F1 S. 327ZA inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 124(1), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i)

Modifications etc. (not altering text)

C1 S. 327ZA applied (with modifications) (25.4.2024) by 1990 c. 10, s. 37 (as amended by Levelling Up and Regeneration Act 2023 (c. 55), ss. 124(7)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i))

C2 S. 327ZA modified (25.4.2024) by 1990 c. 9, s. 89(1ZC) (as inserted by Levelling Up and Regeneration Act 2023 (c. 55), ss. 124(5)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i))

C3 S. 327ZA applied (25.4.2024) by 1990 c. 9, s. 89(1) (as amended by Levelling Up and Regeneration Act 2023 (c. 55), ss. 124(5)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i))