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Part 6E+W+SDeciding applications for orders granting development consent

Chapter 8E+W+SGrant or refusal

114Grant or refusal of development consentE+W+S

(1)When [F1the Secretary of State] has decided an application for an order granting development consent, the [F2Secretary of State] must either—

(a)make an order granting development consent, or

(b)refuse development consent.

(2)The Secretary of State may by regulations make provision regulating the procedure to be followed if the [F3Secretary of State] proposes to make an order granting development consent on terms which are materially different from those proposed in the application.

Textual Amendments

F3Words in s. 114(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 55(3); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 114 partly in force; s. 114 in force for certain purposes at Royal Assent see s. 241

I2S. 114 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)

115Development for which development consent may be grantedE+W+S

(1)Development consent may be granted for development which is—

(a)development for which development consent is required, or

(b)associated development[F4, or

(c)related housing development.]

(2)“Associated development” means development which—

(a)is associated with the development within subsection (1)(a) (or any part of it),

(b)[F5does not consist of or include] the construction or extension of one or more dwellings, and

, or

(c)is within subsection (3) [F6, (4) or (4A)].

(3)Development is within this subsection if it is to be carried out wholly in one or more of the following areas—

(a)England;

(b)waters adjacent to England up to the seaward limits of the territorial sea;

(c)in the case of development in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(4)Development is within this subsection if—

(a)it is to be carried out wholly in Wales,

(b)it is the carrying out or construction of surface works, boreholes or pipes, and

(c)the development within subsection (1)(a) with which it is associated is development within section 17(3).

[F7(4A)Development is within this subsection if the development within subsection (1)(a) with which it is associated is—

(a)the construction or extension of a generating station that is or (when constructed or extended) is expected to be within section 15(3A) or (3B), or

(b)the installation of an electric line that is or (when installed) is expected to be within section 14(1)(b).]

[F8(4B)Related housing development” means development which—

(a)consists of or includes the construction or extension of one or more dwellings,

(b)is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),

(c)is to be carried out wholly in England, and

(d)meets the condition in subsection (4C).

(4C)Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—

(a)England;

(b)waters adjacent to England up to the seaward limits of the territorial sea.]

(5)To the extent that development consent is granted for associated development [F9or related housing development], section 33 applies to the development as it applies to development for which development consent is required.

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(7)The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.]

Textual Amendments

F4S. 115(1)(c) and word inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(2), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F5Words in s. 115(2)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(3), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F6Words in s. 115(2)(c) substituted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(2), 71(2)(e) (with Sch. 7 paras. 1, 6)

F7S. 115(4A) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(3), 71(2)(e) (with Sch. 7 paras. 1, 6)

F9Words in s. 115(5) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(5), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

Commencement Information

I3S. 115 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

116Reasons for decision to grant or refuse development consentE+W+S

(1)The [F12Secretary of State] must prepare a statement of [F13the Secretary of State's] reasons for deciding to—

(a)make an order granting development consent, or

(b)refuse development consent.

(2)The [F14Secretary of State] must provide a copy of the statement to each person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).

(3)The [F15Secretary of State] must publish the statement in such manner as [F16the Secretary of State] thinks appropriate.

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Words in s. 116(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(3); S.I. 2012/628, art. 7(a)

Commencement Information

I4S. 116 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

117Orders granting development consent: formalitiesE+W+S

(1)This section applies in relation to an order granting development consent.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Except in a case within subsection (4), the [F19Secretary of State] must publish the order in such manner as [F20the Secretary of State] thinks appropriate.

[F21(4)If the order includes provision—

(a)made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or

(b)made in the exercise of any of the powers conferred by section 120(5)(a) or (b),

the order must be contained in a statutory instrument.]

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)As soon as practicable after the instrument [F23containing the order is made, the Secretary of State] must deposit in the office of the Clerk of the Parliaments a copy of—

(a)the instrument,

(b)the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and

(c)the statement of reasons prepared under section 116(1).

F24(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5S. 117 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)