Town and Country Planning Act 1990

Changes over time for: Section 74

Version Superseded: 31/01/2024

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Point in time view as at 13/07/2016. This version of this provision has been superseded.

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Town and Country Planning Act 1990, Section 74 is up to date with all changes known to be in force on or before 23 December 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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74 Directions etc. as to method of dealing with applications.E+W

(1)Provision may be made by a development order for regulating the manner in which applications for planning permission[F1, or permission in principle,] to develop land are to be dealt with by local planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission [F2or permission in principle] by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b)for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission[F3, or permission in principle,] for development which does not accord with the provisions of the development plan;

(c)for requiring that, before planning permission [F4or permission in principle] for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;

(d)for requiring the local planning authority to give to any applicant for planning permission [F5or permission in principle], within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(e)for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

(f)for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission [F6or permission in principle] made to the authority, including information as to the manner in which any such application has been dealt with.

[F7(1ZA)In subsection (1)—

(a)in paragraph (c) the reference to planning permission for any development includes a reference to [F8—

(i)a consent, agreement or approval as mentioned in section 61DB(2), and

(ii)] an approval under section 61L(2), and

(b)in paragraph (f) references to applications for planning permission include references to [F9—

(i) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(ii)] applications for approvals under section 61L(2).

[F10(1A)Provision may be made by a development order—

(a)for determining the persons to whom applications under this Act are to be sent; and

(b)for requiring persons to whom such applications are sent to send copies to other interested persons.]

[F11(1B)Provision may be made by a development order—

(a)for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a [F12London borough—

(i)to consult with the Mayor of London before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or

(ii)to refuse] an application for planning permission[F13, or permission in principle,] of a prescribed description in any particular case;

(b)for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and

(c)for modifying any provision of this Act relating to an appeal against a refusal of planning permission [F14or permission in principle] (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with [F15a direction given by virtue of paragraph (a)(ii).]

F16...

[F17(1BA)In subsection (1B) “prescribed” means—

(a)prescribed by a development order, or

(b)specified in directions made under a development order by the Secretary of State or the Mayor of London.

(1BB)Matters prescribed under subsection (1B) by a development order may be prescribed by reference to the spatial development strategy, or a development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time.]

(1C)In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—

(a)the development plan, and

(b)the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,

so far as material to the application.]

(2)Subsection (1) is subject to the provisions of F18. . . sections 67(7) and 73(1) of the M1Planning (Listed Buildings and Conservation Areas) Act 1990.]

Textual Amendments

F1Words in s. 74(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(a); S.I. 2016/733, reg. 3(d)

F2Words in s. 74(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)

F3Words in s. 74(1)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(c); S.I. 2016/733, reg. 3(d)

F4Words in s. 74(1)(c) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)

F5Words in s. 74(1)(d) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)

F6Words in s. 74(1)(f) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 17(2)(b); S.I. 2016/733, reg. 3(d)

F7S. 74(1ZA) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 9; 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); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)