- Latest available (Revised)
- Point in Time (07/05/2024)
- Original (As enacted)
Point in time view as at 07/05/2024.
Town and Country Planning Act 1990, Section 62 is up to date with all changes known to be in force on or before 18 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A development order may make provision as to applications for planning permission [F3or permission in principle] 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.
[F4(2A)In subsections (1) and (2) references to applications for planning permission include references to [F5—
[F6(za)applications for any consent, agreement or approval required by a condition under section 61C(1)(b),]
(a) applications for consent, agreement or approval as mentioned in section 61DB(2), [F7and]
(b)] applications for approval under section 61L(2) [F8, and
(c)applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).]]
(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).
[F9(4A)Also, a requirement under subsection (3) in respect of an application F10...—
(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.]
[F11(7)In subsection (8) “a relevant application” means the application for planning permission [F12or permission in principle] 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 [F13or permission in principle], and
(b)is going ahead with making an application for planning permission [F13or permission in principle] (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.]
[F14(9)In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—
(a)has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and
(b)is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).
(10)A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—
(a)how the applicant complied with section 61Z;
(b)any responses to the consultation received from persons consulted under section 61Z(3) or (4);
(c)the account taken of those responses.
(11)A development order may make provision about the form and content of the pre-application consultation report.]
Textual Amendments
F1Words in s. 62 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(2); S.I. 2016/733, reg. 3(d)
F2S. 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)
F3Words in s. 62(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(2); S.I. 2016/733, reg. 3(d)
F4S. 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)
F5Words in s. 62(2A) inserted (12.2.2015 for specified purposes, otherwise prosp.) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 6
F6S. 62(2A)(za) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 124(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i)
F7Word in s. 62(2A)(a) omitted (31.1.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(6)(a) (with s. 247); S.I. 2024/92, reg. 2(q)
F8S. 62(2A)(c) and word inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 9 para. 1(6)(b) (with s. 247); S.I. 2024/92, reg. 2(q)
F9S. 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)
F10Words in s. 62(4A) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 28, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 8)
F11S. 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)
F12Words in s. 62(7) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(3)(a); S.I. 2016/733, reg. 3(d)
F13Words in s. 62(7)(a)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 8(3)(b); S.I. 2016/733, reg. 3(d)
F14S. 62(9)-(11) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)
Modifications etc. (not altering text)
C1S. 62(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(a) (with regs. 1(3), 47)
C2S. 62(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(a)
C3S. 62(3) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(b) (with regs. 1(3), 47)
C4S. 62(3) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: