PART 6Planning
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—
- 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
- 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—
- a
a district council;
- b
a county council in England;
- c
the Mayor of London;
- d
the council of a London borough;
- e
a Mayoral development corporation;
- f
an urban development corporation;
- g
a housing action trust;
- h
the Council of the Isles of Scilly;
- i
the Broads Authority;
- j
a National Park authority in England;
- k
the Homes and Communities Agency; or
- 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.