Planning and Compulsory Purchase Act 2004 (c. 5)

(The document as of February, 2008)

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Miscellaneous

32 Exclusion of certain representations

(1) This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of--

(a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 (c. 66);

(b) an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959 (c. 25), section 3 of the Highways (Miscellaneous Provisions) Act 1961 (c. 63) or section 1 or 10 of the Highways Act 1971 (c. 41) (which provisions were replaced by the provisions mentioned in paragraph (a));

(2) If the Secretary of State or a local planning authority thinks that a representation made in relation to a local development document is in substance a representation or objection to which this section applies he or they (as the case may be) may disregard it.

33 Urban development corporations

The Secretary of State may direct that this Part does not apply to the area of an urban development corporation.

34 Guidance

In the exercise of any function conferred under or by virtue of this Part the local planning authority must have regard to any guidance issued by the Secretary of State.

35 Annual monitoring report

(1) Every local planning authority must make an annual report to the Secretary of State.

(2) The annual report must contain such information as is prescribed as to--

(a) the implementation of the local development scheme;

(b) the extent to which the policies set out in the local development documents are being achieved.

(3) The annual report must--

(a) be in respect of such period of 12 months as is prescribed;

(b) be made at such time as is prescribed;

(d) contain such other matter as is prescribed.

General

36 Regulations

(1) The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

(2) The regulations may in particular make provision as to--

(a) the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;

(b) the procedure to be followed in the preparation of local development documents;

(d) requirements about inspection by the public of a local development document or any other document;

(e) the nature and extent of consultation with and participation by the public in anything done under this Part;

(f) the making of representations about any matter to be included in a local development document;

(g) consideration of any such representations;

(h) the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;

(i) the determination of the time at which anything must be done for the purposes of this Part;

(j) the manner of publication of any draft, report or other document published under this Part;

(k) monitoring the exercise by local planning authorities of their functions under this Part;

(l) the making of reasonable charges for the provision of copies of documents required by or under this Part.

37 Interpretation

(1) Local development scheme must be construed in accordance with section 15.

(2) Local development document must be construed in accordance with section 17.

(3) A development plan document is a document which--

(a) is a local development document, and

(b) forms part of the development plan.

(4) Local planning authorities are--

(a) district councils;

(b) London borough councils;

(d) county councils in relation to any area in England for which there is no district council;

(e) the Broads Authority.

(5) A National Park authority is the local planning authority for the whole of its area and subsection (4) must be construed subject to that.

(6) RSS and RPB must be construed in accordance with Part 1.

(7) This section applies for the purposes of this Part.

Part 3 Development

Development plan

38 Development plan

(1) A reference to the development plan in any enactment mentioned in subsection (7) must be construed in accordance with subsections (2) to (5).

(2) For the purposes of any area in Greater London the development plan is--

(a) the spatial development strategy, and

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.

(3) For the purposes of any other area in England the development plan is--

(a) the regional spatial strategy for the region in which the area is situated, and

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area.

(4) For the purposes of any area in Wales the development plan is the local development plan adopted or approved in relation to that area.

(5) If to any extent a policy contained in a development plan for an area conflicts with another policy in the development plan the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved or published (as the case may be).

(6) If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

(7) The enactments are--

(a) this Act;

(b) the planning Acts;

(d) the Land Compensation Act 1961 (c. 33);

(e) the Highways Act 1980 (c. 66).

(8) In subsection (5) references to a development plan include a development plan for the purposes of paragraph 1 of Schedule 8.

Sustainable development

39 Sustainable development

(1) This section applies to any person who or body which exercises any function--

(a) under Part 1 in relation to a regional spatial strategy;

(b) under Part 2 in relation to local development documents;

(2) The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.

(3) For the purposes of subsection (2) the person or body must have regard to national policies and advice contained in guidance issued by--

(a) the Secretary of State for the purposes of subsection (1)(a) and (b);

(b) the National Assembly for Wales for the purposes of subsection (1)(c).

Part 4 Development control

Local development orders

40 Local development orders

(1) In the principal Act after section 61 (supplementary provision about development orders) there are inserted the following sections--

" Local development orders

61A Local development orders

(1) A local planning authority may by order (a local development order) make provision to implement policies--

(a) in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);

(b) in a local development plan (within the meaning of Part 6 of that Act).

(2) A local development order may grant planning permission--

(a) for development specified in the order;

(b) for development of any class so specified.

(3) A local development order may relate to--

(a) all land in the area of the relevant authority;

(b) any part of that land;

(4) A local development order may make different provision for different descriptions of land.

(5) But a development order may specify any area or class of development in respect of which a local development order must not be made.

(6) A local planning authority may revoke a local development order at any time.

(7) Schedule 4A makes provision in connection with local development orders.

61B Intervention by Secretary of State or National Assembly

(1) At any time before a local development order is adopted by a local planning authority the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.

(2) If the appropriate authority gives a direction under subsection (1)--

(a) the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;

(b) the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.

(3) In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.

(4) It is immaterial whether any such matter was taken account of by the local planning authority.

(5) The appropriate authority--

(a) may approve or reject an order or part of an order submitted to it under subsection (1);

(b) must give reasons for its decision under paragraph (a).

(6) If the appropriate authority thinks that a local development order is unsatisfactory--

(a) it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;

(b) if it gives such a direction it must state its reasons for doing so.

(7) The local planning authority--

(a) must comply with the direction;

(b) must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.

(8) The appropriate authority--

(a) may at any time by order revoke a local development order if it thinks it is expedient to do so;

(b) must, if it revokes a local development order, state its reasons for doing so.

(9) Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.

(10) The appropriate authority is--

(a) the Secretary of State in relation to England;

(b) the National Assembly for Wales in relation to Wales.

61C Permission granted by local development order

(1) Planning permission granted by a local development order may be granted--

(a) unconditionally, or

(b) subject to such conditions or limitations as are specified in the order.

(2) If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to--

(a) development in a particular area, or

(b) any particular development. "

(2) In each of the following provisions of the principal Act in each place where it occurs after "development order" there is inserted "or a local development order"--

(a) section 56(5)(a) (definition of material development);

(b) section 57(3) (extent of permission granted by development order);

(d) section 77(1) (certain applications to be referred to the Secretary of State);

(e) section 78(1)(c) (right of appeal in relation to certain planning decisions);

(f) section 88(9) (grant of planning permission in enterprise zone);

(g) section 91(4)(a) (no limit to duration of planning permission granted by development order);

(h) section 108 (compensation for refusal of planning permission formerly granted by development order);

(i) section 109(6) (apportionment of compensation for depreciation);

(j) section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission);

(k) section 264(5)(b) (land treated not as operational land);

(l) section 279(1)(a)(i) (compensation for certain decisions and orders).

(3) Section 333 of the principal Act (regulations and orders) is amended as follows--

(a) in subsection (4) after "55(2)(f)," there is inserted "61A(5)";

(b) in subsection (5)(b) after "28," there is inserted "61A(5) (unless it is made by the National Assembly for Wales),".

(4) Schedule 1 further amends the principal Act.

Revision of development orders

41 Effect of revision or revocation of development order on incomplete development

In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 40 of this Act) there is inserted the following section--

" 61D Effect of revision or revocation of development order on incomplete development

(1) A development order or local development order may include provision permitting the completion of development if --

(a) planning permission is granted by the order in respect of the development, and

(b) the planning permission is withdrawn at a time after the development is started but before it is completed.

(2) Planning permission granted by a development order is withdrawn--

(a) if the order is revoked;

(b) if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(3) Planning permission granted by a local development order is withdrawn--

(a) if the order is revoked under section 61A(6) or 61B(8);

(b) if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;

(4) The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes. "

Applications

42 Applications for planning permission and certain consents

(1) In the principal Act for section 62 (form and content of applications for planning permission) there is substituted the following section--

" 62 Applications for planning permission

(1) A development order may make provision as to applications for planning permission made to a local planning authority.

(2) Provision referred to in subsection (1) includes provision as to--

(a) the form and manner in which the application must be made;

(b) particulars of such matters as are to be included in the application;

(3) The local planning authority may require that an application for planning permission must include--

(a) such particulars as they think necessary;

(b) such evidence in support of anything in or relating to the application as they think necessary.

(4) But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).

(5) A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified--

(a) a statement about the design principles and concepts that have been applied to the development;

(b) a statement about how issues relating to access to the development have been dealt with.

(6) The form and content of a statement mentioned in subsection (5) is such as is required by the development order. "

(2) In section 73 of the principal Act (determination of applications to develop land without compliance with conditions previously attached) subsection (3) is omitted.

(3) In section 198 of that Act (tree preservation orders) after subsection (7) there is inserted--

" (8) In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to--

(a) the form and manner in which the application must be made;

(b) particulars of such matters as are to be included in the application;

(9) The appropriate authority is--

(a) the Secretary of State in relation to England;

(b) the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored. "

(4) In section 220 of that Act (regulations controlling display of advertisements) after subsection (2) there is inserted the following subsection--

" (2A) The regulations may also make provision as to--

(a) the form and manner in which an application for consent must be made;

(b) particulars of such matters as are to be included in the application;

(5) In the principal Act before section 328 (settled land and land of universities and colleges) there is inserted the following section--

" 327A Applications: compliance with requirements

(1) This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to--

(a) the form or manner in which the application must be made;

(b) the form or content of any document or other matter which accompanies the application.

(2) The local planning authority must not entertain such an application if it fails to comply with the requirement. "

(6) In section 10(2) of the listed buildings Act (applications for listed buildings consent) the words from "shall be made" to "require and" are omitted.

(7) In section 10(3) of that Act for paragraph (a) there are substituted the following paragraphs--

" (a) the form and manner in which such applications are to be made;

(aa) particulars of such matters as are to be included in such applications;

(ab) the documents or other materials as are to accompany such applications; " .

(8) In section 10 of that Act after subsection (3) there are inserted the following subsections--

" (4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed--

(a) a statement about the design principles and concepts that have been applied to the works;

(b) a statement about how issues relating to access to the building have been dealt with.

(5) The form and content of a statement mentioned in subsection (4) is such as is prescribed. "

(9) In section 89(1) of that Act (application of certain provisions of the principal Act) after the entry relating to section 323 there is inserted--

" section 327A (compliance with requirements relating to applications), " .

43 Power to decline to determine applications

(1) For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections--

" 70A Power to decline to determine subsequent application

(1) A local planning authority may decline to determine a relevant application if--

(a) any of the conditions in subsections (2) to (4) is satisfied, and

(b) the authority think there has been no significant change in the relevant considerations since the relevant event.

(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 76A or 77.

(3) The condition is that in that period the Secretary of State has dismissed an appeal--

(a) against the refusal of a similar application, or

(b) under section 78(2) in respect of a similar application.

(4) The condition is that--

(a) in that period the local planning authority have refused more than one similar application, and

(b) there has been no appeal to the Secretary of State against any such refusal.

(5) A relevant application is--

(a) an application for planning permission for the development of any land;

(b) an application for approval in pursuance of section 60(2).

(6) The relevant considerations are--

(a) the development plan so far as material to the application;

(b) any other material considerations.

(7) The relevant event is--

(a) for the purposes of subsections (2) and (4) the refusal of the similar application;

(b) for the purposes of subsection (3) the dismissal of the appeal.

(8) An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

70B Power to decline to determine overlapping application

(1) A local planning authority may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.

(4) The condition is that a similar application--

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