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Town and Country Planning Act 1990, Section 59 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.
(2)A development order may either—
(a)itself grant planning permission for development specified in the order or for development of any class specified; or
(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State [F1or the Welsh Ministers]) on application to the authority [F2(or, in the cases provided in the following provisions, on application to the Secretary of State [F3or the Welsh Ministers])] in accordance with the provisions of the order.
(3)A development order may be made either—
(a)as a general order applicable, except so far as the order otherwise provides, to all land, or
(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.
[F4(4)In this Act, references to a development order are—
(a)in relation to England, references to a development order made by the Secretary of State;
(b)in relation to Wales, references to a development order made by the Welsh Ministers.]
Subordinate Legislation Made
P1S. 59: power previously exercised by S.I. 1990/2032
P2S. 59: s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536
Textual Amendments
F1Words in s. 59(2)(b) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 3(a); S.I. 2016/52, art. 3(e)
F2Words in s. 59(2)(b) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 4; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2
F3Words in s. 59(2)(b) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 3(b); S.I. 2016/52, art. 3(e)
F4S. 59(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 5
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