PART 6Assessment of plans and projects

CHAPTER 2Planning

Planning permission

Grant of planning permission70.

(1)

The assessment provisions apply in relation to—

(a)

granting planning permission on an application under Part 3 of the TCPA 1990 (control over development);

(b)

granting planning permission on an application under section 293A of that Act (urgent Crown development)104;

(c)

granting planning permission, or upholding a decision of the local planning authority to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the local planning authority), on determining an appeal under section 78 of that Act (right to appeal against planning decisions)105 in respect of such an application;

(d)

granting planning permission under—

(i)

section 141(2)(a) of that Act (action in relation to purchase notice); or

(ii)

section 177(1)(a) of that Act (grant or modification of planning permission on appeals against enforcement notices)106;

(e)

directing under the following provisions that planning permission is deemed to be granted—

(i)

section 90(1), (2) or (2A) of that Act (development with government authorisation);

(ii)

section 57(2) or (2A) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation)107; or

(iii)

section 5(1) of the Pipe-lines Act 1962 (provisions with respect to planning permission concerning pipe-lines)108;

(f)

directing under section 90(2ZA)(a) or (b) of the TCPA 1990109 or section 57(2ZA)(a) or (b) of the Town and Country Planning (Scotland) Act 1997110, in respect of a planning permission which is deemed to be granted under section 90(2) or section 57(2) (respectively) on varying a consent under section 36 or 37 of the Electricity Act 1989111, that that permission, or any conditions subject to which it was granted, be varied;

(g)

making—

(i)

an order under section 102 of the TCPA 1990 (orders requiring discontinuance of use or alteration or removal of buildings or works)112, including an order made under that section by virtue of section 104 of that Act (powers in relation to section 102 orders) which grants planning permission, or confirming any such order under section 103 of that Act (confirmation of section 102 orders); or

(ii)

an order under paragraph 1 of Schedule 9 to that Act (order requiring discontinuance of mineral working)113, including an order made under that paragraph by virtue of paragraph 11 of that Schedule (powers in relation to orders under Schedule 9) which grants planning permission; or

(h)

directing under the following provisions that, if an application is made for planning permission, it must be granted—

(i)

section 141(3) of the TCPA 1990 (action in relation to purchase notice); or

(ii)

section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (action in relation to listed building purchase notice)114.

(2)

Where the assessment provisions apply, the competent authority may, if it considers that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the planning permission were subject to conditions or limitations, grant planning permission, or, as the case may be, take action which results in planning permission being granted or deemed to be granted, subject to those conditions or limitations.

(3)

Where the assessment provisions apply, outline planning permission must not be granted unless the competent authority is satisfied (whether by reason of the conditions and limitations to which the outline planning permission is to be made subject, or otherwise) that no development likely adversely to affect the integrity of a European site or a European offshore marine site could be carried out under the permission, whether before or after obtaining approval of any reserved matters.

(4)

In paragraph (3), “outline planning permission” and “reserved matters” have the same meanings as in section 92 of the TCPA 1990 (outline planning permission)115.