C3C4C5C6C7C8C9C10C11C14 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C3

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)

C6

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

Publicity for applications

F165 Notice etc. of applications for planning permission F5or permission in principle.

1

A development order may make provision requiring—

a

notice to be given of any application for planning permission F8or permission in principle, and

b

any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

2

Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or F2an agricultural tenant of that land, is given notice of the application in such manner as may be required by the order.

3

A development order may require an applicant for planning permission F9or permission in principle to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

F43A

In subsections (1) and (3) references to F10—

a

any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and

b

any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.

4

A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

C1C12C135

A local planning authority shall not entertain an application for planning permission F7or permission in principle unless any requirements imposed by virtue of this section have been satisfied.

C26

If any person—

a

issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

b

recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

7

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

8

In this section—

  • F3 “ agricultural tenant ”, in relation to any land, means any person who—

    1. a

      is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; or

    2. b

      is the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;

  • “owner” in relation to any land means any person who—

    1. a

      is the estate owner in respect of the fee simple;

    2. b

      is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

    3. c

      in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission F6or permission in principle relates includes any interest in any mineral in, on or under the land.

9

Notwithstanding section 127 of the M1Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.