C2C3C4C5C6C7C8C9C10 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C2

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)

C5

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

Determination of applications

C170 Determination of applications: general considerations.

1

Where an application is made to a local planning authority for planning permission—

F1a

subject to sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

F1b

they may refuse planning permission.

2

In dealing with such an application the authority shall have regard F5to—

a

the provisions of the development plan, so far as material to the application,

b

any local finance considerations, so far as material to the application, and

c

any other material considerations.

F32A

Subsection (2)(b) does not apply in relation to Wales.

3

Subsection (1) has effect subject to F2section 65 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M1Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M2Health Services Act 1976.

F44

In this section—

  • “local finance consideration” means—

    1. a

      a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or

    2. b

      sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “relevant authority” means—

    1. a

      a district council;

    2. b

      a county council in England;

    3. c

      the Mayor of London;

    4. d

      the council of a London borough;

    5. e

      a Mayoral development corporation;

    6. f

      an urban development corporation;

    7. g

      a housing action trust;

    8. h

      the Council of the Isles of Scilly;

    9. i

      the Broads Authority;

    10. j

      a National Park authority in England;

    11. k

      the Homes and Communities Agency; or

    12. l

      a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.