C4C5C6C7C8C9C10C11C12C13 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C4

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)

C7

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

Secretary of State’s powers as respects planning applications and decisions

C1C277 Reference of applications to Secretary of State.

1

The Secretary of State may give directions requiring applications for planning permission F5or permission in principle, or for the approval of any local planning authority required under a development order F3, a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.

2

A direction under this section—

a

may be given either to a particular local planning authority or to local planning authorities generally; and

b

may relate either to a particular application or to applications of a class specified in the direction.

3

Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

4

Subject to F6subsection (5)—

a

where an application for planning permission is referred to the Secretary of State under this section, sections F170, 72(1) and (5), 73 and 73A shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the F7local planning authority;

b

where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;

andF2a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71.

C35

Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

6

Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.

F46A

Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.

7

The decision of the Secretary of State on any application referred to him under this section shall be final.