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Town and Country Planning Act 1990, Section 62 is up to date with all changes known to be in force on or before 16 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)A development order may make provision as to applications for planning permission 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.
[F2(2A)In subsections (1) and (2) references to applications for planning permission include references to 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).
[F3(4A)Also, a requirement under subsection (3) in respect of an application for planning permission for development of land in England—
(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.]
[F4(7)In subsection (8) “a relevant application” means the application for planning permission 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, and
(b)is going ahead with making an application for planning permission (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.]
Textual Amendments
F1S. 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)
F2S. 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)
F3S. 62(4A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 6, 35(1); S.I. 2013/1488, art. 3(c)
F4S. 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)
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