C1PART 6Planning

Annotations:
Modifications etc. (not altering text)
C1

Pt. 6: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

CHAPTER 7Other planning matters

143Applications for planning permission: local finance considerations

1

Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permission: general considerations) is amended as follows.

2

In subsection (2) (local planning authority to have regard to material considerations in dealing with applications) for the words from “to the provisions” to the end substitute

to—

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.

3

After subsection (2) insert—

2A

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

4

After subsection (3) insert—

4

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.

5

The amendments made by this section do not alter—

a

whether under subsection (2) of section 70 of the Town and Country Planning Act 1990 regard is to be had to any particular consideration, or

b

the weight to be given to any consideration to which regard is had under that subsection.