Planning and Compulsory Purchase Act 2004 (c. 5)

(The document as of February, 2008)

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

(a) has been granted by the local planning authority,

(b) has been refused by them, or

and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.

(5) 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.

(6) The determination period is--

(a) the period prescribed by the development order for the determination of the application, or

(b) such longer period as the applicant and the authority have agreed for the determination of the application. "

(2) In section 78(2)(aa) of that Act after "70A" there is inserted "or 70B".

(3) After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections--

" Power to decline to determine application

81A Power to decline to determine subsequent application

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

(a) one or more of the conditions in subsections (2) to (4) is satisfied, and

(b) the authority think there has been no significant change in any material 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 12.

(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 20(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) Relevant consent is--

(a) listed building consent, or

(b) conservation area consent.

(6) 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.

(7) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

81B Power to decline to determine overlapping application

(1) A local planning authority may decline to determine an application for a relevant consent 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 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

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

(a) has been granted by the local planning authority,

(b) has been refused by them, or

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

(5) Relevant consent is--

(a) listed building consent, or

(b) conservation area consent.

(6) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(7) The determination period is--

(a) the period prescribed for the determination of the application, or

(b) such longer period as the applicant and the authority have agreed for the determination of the application.

(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74. "

(4) Section 20(2) of that Act (appeals) is amended as follows--

(a) for "neither" there is substituted "done none of the following";

(b) after paragraph (a) for "nor" there is substituted--

" (aa) given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application; " .

(5) This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.

Major infrastructure projects

44 Major infrastructure projects

In the principal Act the following sections are inserted before section 77 (Reference of applications to the Secretary of State)--

" 76A Major infrastructure projects

(1) This section applies to--

(a) an application for planning permission;

(b) an application for the approval of a local planning authority required under a development order,

if the Secretary of State thinks that the development to which the application relates is of national or regional importance.

(2) The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.

(3) If the Secretary of State gives a direction under subsection (2) he may also direct that any application--

(a) under or for the purposes of the planning Acts, and

(b) which he thinks is connected with the application mentioned in subsection (1),

must also be referred to him instead of being dealt with by the local planning authority.

(4) If the Secretary of State gives a direction under this section--

(a) the application must be referred to him;

(b) he must appoint an inspector to consider the application.

(5) If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must--

(a) be in such form and contain such matter as is prescribed by development order;

(b) be submitted to the Secretary of State in accordance with such provision as is so prescribed.

(6) For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.

(7) A direction under this section or section 76B may be varied or revoked by a subsequent direction.

(8) The decision of the Secretary of State on any application referred to him under this section is final.

(9) Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).

(10) The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority--

(a) section 70;

(b) section 72(1) and (5);

(d) section 73A.

(11) A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.

(12) This section does not apply to an application which relates to the development of land in Wales.

76B Major infrastructure projects: inspectors

(1) This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).

(2) The Secretary of State may direct the lead inspector--

(a) to consider such matters relating to the application as are prescribed;

(b) to make recommendations to the Secretary of State on those matters.

(3) After considering any recommendations of the lead inspector the Secretary of State may--

(a) appoint such number of additional inspectors as he thinks appropriate;

(b) direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.

(4) An additional inspector must--

(a) comply with such directions as to procedural matters as the lead inspector gives;

(b) report to the lead inspector on the matters he is appointed to consider.

(5) A copy of directions given as mentioned in subsection (4)(a) must be given to--

(a) the person who made the application;

(b) the local planning authority;

(6) If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.

(7) In every case the lead inspector must report to the Secretary of State on--

(a) his consideration of the application;

(b) the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).

(8) The function of the lead inspector in pursuance of subsection (2)--

(a) may be exercised from time to time;

(b) includes making recommendations as to the number of additional inspectors required from time to time.

(9) The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment. "

Simplified planning zones

45 Simplified planning zones

(1) In section 83 of the principal Act (making simplified planning zone schemes) subsection (1) is omitted.

(2) Before section 83(2) of that Act there are inserted the following subsections--

" (1A) This section applies if--

(a) the regional spatial strategy for the region in which the area of a local planning authority in England is situated identifies the need for a simplified planning zone in that area (or any part of it);

(b) the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area (or any part of the area) of a local planning authority in Wales.

(1B) The local planning authority must consider the question for which part or parts of their area a simplified planning zone scheme is desirable.

(1C) The local planning authority must keep under review the question mentioned in subsection (1B). "

(3) For section 83(2) of that Act there are substituted the following subsections--

" (2) A local planning authority must make a simplified planning zone scheme for all or any part of their area--

(a) if as a result of the consideration mentioned in subsection (1B) or the review mentioned in subsection (1C) they decide that it is desirable to do so;

(b) if they are directed to do so by the Secretary of State or the National Assembly for Wales (as the case may be).

(2A) A local planning authority may at any time--

(a) alter a scheme adopted by them;

(b) with the consent of the Secretary of State alter a scheme made or altered by him under paragraph 12 of Schedule 7 or approved by him under paragraph 11 of that Schedule;

(c) with the consent of the National Assembly for Wales alter a scheme made or altered by it under paragraph 12 of Schedule 7 or approved by it under paragraph 11 of that Schedule.

(2B) A simplified planning zone scheme for an area in England must be in conformity with the regional spatial strategy. "

(4) In section 83 of that Act after subsection (3) there is inserted the following subsection--

" (4) In this section and in Schedule 7--

(a) a reference to the regional spatial strategy must be construed in relation to any area in Greater London as a reference to the spatial development strategy;

(b) a reference to a region must be construed in relation to such an area as a reference to Greater London. "

(5) In section 85(1) of that Act (duration of simplified planning zone scheme) for the words from "period" to the end there is substituted "specified period".

(6) After section 85(1) of that Act there is inserted the following subsection--

" (1A) The specified period is the period not exceeding 10 years--

(a) beginning with the date when the scheme is adopted or approved, and

(b) which is specified in the scheme. "

(7) In Schedule 7 of that Act in paragraph 2 (notification of proposal to make scheme) for "decide under section 83(2) to make or" there is substituted "are required under section 83(2) to make or decide under section 83(2A) to".

(8) In Schedule 7 of that Act paragraphs 3 and 4 are omitted.

(9) In Schedule 7 of that Act in paragraph 12 (default powers of Secretary of State) for sub-paragraph (1) there are substituted the following sub-paragraphs--

" (1) This paragraph applies if each of the following conditions is satisfied.

(1A) The first condition is that--

(a) the regional spatial strategy for the region in which the area of a local planning authority is situated identifies the need for a simplified planning zone in any part of their area, or

(b) the criteria prescribed by the National Assembly for Wales for the need for a simplified planning zone are satisfied in relation to the area of a local planning authority in Wales.

(1B) The second condition is that the Secretary of State or the National Assembly for Wales (as the case may be) is satisfied after holding a local inquiry or other hearing that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or alteration of a scheme.

(1C) The Secretary of State or the National Assembly for Wales (as the case may be) may make or alter the scheme. "

Planning contribution

46 Planning contribution

(1) The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.

(2) The contribution may be made--

(a) by the prescribed means,

(b) by compliance with the relevant requirements, or

(3) The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)--

(a) a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution;

(b) a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means;

(d) the criteria by reference to which the value of a contribution made by the prescribed means is to be determined.

(4) The regulations may make provision as to circumstances in which--

(a) except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution;

(b) the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means;

(d) a contribution must not be made.

(5) The prescribed means are--

(a) the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d),

(b) the provision of a benefit in kind the value of which is so determined, or

(6) The relevant requirements are such requirements relating to the development or use as are--

(a) prescribed for the purposes of this section, and

(b) included as part of the terms of the contribution,

and may include a requirement to make a payment of a sum.

(7) Development plan document must be construed in accordance with section 37(3).

47 Planning contribution: regulations

(1) This section applies for the purpose of regulations made under section 46.

(2) Maximum and minimum amounts may be prescribed in relation to a payment falling within section 46(5)(a).

(3) Provision may be made to enable periodic adjustment of the criteria mentioned in section 46(3)(d).

(4) The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.

(5) If a document is prescribed for the purposes of section 46(3) the regulations may prescribe--

(a) the procedure for its preparation and the time at which it must be published;

(b) the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document.

(6) Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision--

(a) for a person obstructing the taking of such steps as are prescribed to be guilty of an offence punishable by a fine not exceeding level 3 on the standard scale;

(b) for a person deriving title to the land from the contributor to be bound by the terms of the contribution;

(c) for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started;

(d) for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act.

(7) The regulations may--

(a) require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section 46(3)(c);

(b) make provision for setting out in writing the terms of the planning contribution;

(8) The regulations may--

(a) make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority;

(b) exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.

48 Planning contribution: Wales

In relation to land in Wales, sections 46 and 47 apply subject to the following modifications--

(a) references to the Secretary of State must be construed as references to the National Assembly for Wales;

(b) the reference to a development plan document must be construed as a reference to a local development plan (within the meaning of section 62).

Miscellaneous

49 Development to include certain internal operations

(1) In the principal Act in section 55 (meaning of development) after subsection (2) there are inserted the following subsections--

" (2A) The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.

(2B) The development order may make different provision for different purposes. "

(2) This subsection applies if--

(a) section 55(2) of the principal Act is disapplied in respect of any operations by virtue of a development order under section 55(2A) of that Act,

(b) at the date the development order comes into force a certificate under section 192 of the principal Act (certificate of lawfulness of proposed use or development) is in force in respect of the operations, and

(3) If subsection (2) applies the certificate under section 192 of the principal Act is of no effect.

(4) A development order made for the purposes of section 55(2A) of the principal Act does not affect any operations begun before it is made.

50 Appeal made: functions of local planning authority

(1) In the principal Act after section 78 (right to appeal) there is inserted the following section--

" 78A Appeal made: functions of local planning authorities

(1) This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).

(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).

(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application--

(a) the appeal must be treated as an appeal under section 78(1) against the refusal;

(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity--

(a) to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;

(b) to revise the grounds of the appeal;

(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6) The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2). "

(2) In the listed buildings Act after section 20 (right to appeal) there is inserted the following section--

" 20A Appeal made: functions of local planning authorities

(1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).

(2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).

(3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application--

(a) the appeal must be treated as an appeal under section 20(1) against the refusal;

(b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;

(b) to revise the grounds of the appeal;

(5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2). "

(3) This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.

(4) The following are relevant applications--

(a) an application mentioned in section 78(1)(a) of the principal Act;

(b) an application mentioned in section 20(1)(a) of the listed buildings Act;

(c) an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).

51 Duration of permission and consent

(1) Section 91 of the principal Act (limit on duration of planning permission) is amended as follows--

(a) in subsections (1)(a) and (3) for the words "five years" there is substituted "three years";

(b) after subsection (3) there are inserted the following subsections--

" (3A) Subsection (3B) applies if any proceedings are begun to challenge the validity of a grant of planning permission or of a deemed grant of planning permission.

(3B) The period before the end of which the development to which the planning permission relates is required to be begun in pursuance of subsection (1) or (3) must be taken to be extended by one year.

(3C) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted. "

(2) In section 92 of that Act (outline planning permission)--

(a) in subsection (2)(b) sub-paragraph (i) is omitted;

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