Sch. 9 para. 1 not in force at Royal Assent, see s. 255(3)(b)
Sch. 9 para. 2 not in force at Royal Assent, see s. 255(3)(b)
Sch. 9 para. 3 not in force at Royal Assent, see s. 255(3)(b)
Sch. 9 para. 4 not in force at Royal Assent, see s. 255(3)(b)
TCPA 1990 is amended as follows.
In section 5 (the Broads), in subsection (3), for “61Q” substitute
In section 56 (time when development begun), in subsection (3)—
for “108(3E)(c)(i)” substitute
In section 57 (planning permission required for development), in subsection (3), for “or a neighbourhood development order” substitute
In section 58 (granting of planning permission: general), in subsection (1)(a), for “or a neighbourhood development order” substitute
In section 62 (applications for planning permission or permission in principle), in subsection (2A)—
at the end of paragraph (a) omit “and”;
after paragraph (b) insert
, and applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
In section 65 (notice of applications for planning permission or permission in principle), in subsection (3A)—
at the end of paragraph (a) omit “and”;
after paragraph (b) insert
, and any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.
In section 69 (register of applications etc)—
after subsection (1)(cza) insert—
street vote development orders or proposals for such orders;
in subsection (2)(b), after “Mayoral development order,” insert
In section 71 (consultations in connection with determinations under section 70), in subsection (2ZA)—
at the end of paragraph (a) omit “and”;
after paragraph (b) insert
, and an application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
In section 74 (directions etc as to method of dealing with applications), in subsection (1ZA)—
in paragraph (a)—
at the end of sub-paragraph (i) omit “and”;
after sub-paragraph (ii) insert—
a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and
in paragraph (b)—
at the end of sub-paragraph (i) omit “and”;
after sub-paragraph (ii) insert
, and applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
In section 77 (reference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute
In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood development order” substitute
In section 88 (planning permission for development in enterprise zones), in subsection (9), for “or a neighbourhood development order” substitute
In section 91 (general condition limiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute
In section 94 (termination of planning permission by reference to time limit: completion notices), in subsection (1), after paragraph (d) insert
; or a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.
In section 108 (compensation)—
in the heading, for “or neighbourhood development order” substitute
in subsection (1)—
in paragraph (a), for “or a neighbourhood development order” substitute
in the words after paragraph (b), for “or the neighbourhood development order” substitute
in subsection (2), for “or a neighbourhood development order” substitute
in subsection (3B)—
in paragraph (ba), at the end omit “or”;
after that paragraph insert—
in the case of planning permission granted by a street vote development order, the condition in subsection (3DB) is met, or
after subsection (3DA) insert—
The condition referred to in subsection (3B)(bb) is that— the planning permission is withdrawn by the revocation or modification of the street vote development order, notice of the revocation or modification was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or modification took effect, and either— the development authorised by the street vote development order had not begun before the notice was published, or section 61QI(7) applies in relation to the development.
In section 109 (apportionment of compensation for depreciation), in subsection (6), in the definition of “relevant planning decision”, for “or the neighbourhood development order” substitute
In section 171H (temporary stop notice: compensation), in subsection (1)(a), for “or a neighbourhood development order” substitute
In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute
In section 324 (rights of entry), in subsection (1A)—
the words from “the reference” to the end become paragraph (a);
after that paragraph insert
, and the reference to a proposal by the Secretary of State to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the Secretary of State for the making of a street vote development order.
In section 333 (regulations and orders)—
after subsection (3) insert—
Subsection (3) does not apply to a statutory instrument containing regulations made under any of sections 61QB to 61QJ or section 61QL if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
after subsection (3ZA) insert—
No regulations may be made under section 61QC(2), 61QH or 61QI(4) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
In Schedule 1 (local planning authorities: distribution of functions), in paragraph 6A, at the end insert
The Listed Buildings Act is amended as follows.
In section 66 (general duty as respects listed buildings in exercise of planning functions), in subsection (4), after “orders” insert
In section 72 (general duty as respects conservation areas in exercise of planning functions), in subsection (4), after “orders” insert
In section 34 of the Elections Act 2022 (campaigners), in subsection (6), in the definition of “local referendum”, after paragraph (d) insert—
section 61QE of the Town and Country Planning Act 1990 (referendums on street vote development orders);
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
In regulation 75 (general development orders)—
in the heading, after “orders” insert
in the opening words, after “2017” insert
In regulation 76 (opinion of appropriate nature conservation body)—
in the heading, after “orders” insert
in paragraph (1), after “order” insert
in paragraph (6), after “order” insert
In regulation 77 (approval of local planning authority), in the heading, after “orders” insert
In regulation 78 (supplementary)—
in the heading, after “orders” insert
in paragraph (3)(b), after “order” insert
In regulation 85B (assumptions to be made about nutrient pollution standards)—
in the heading, after “orders” insert
in paragraph (1)(a) after “orders” insert