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PART III continued
(1) In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority or the Secretary of State of matters not particularised in the application (“reserved matters”).
(2) Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—
(a) that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and
(b) that the development to which the permission relates must be begun not later than—
(i) the expiration of five years from the date of the grant of outline planning permission; or
(ii) if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
(3) If outline planning permission is granted without the conditions required by subsection (2), it shall be deemed to have been granted subject to those conditions.
(4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
(5) They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
(6) In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.
(1) The authority referred to in section 91(1)(b) or 92(4) is—
(a) the local planning authority or the Secretary of State, in the case of planning permission granted by them,
(b) in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and
(c) in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.
(2) For the purposes of section 92, a reserved matter shall be treated as finally approved—
(a) when an application for approval is granted, or
(b) in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.
(3) Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.
(4) In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—
(a) development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and
(b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.
(1) This section applies where—
(a) by virtue of section 91 or 92, a planning permission 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; or
(b) development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone; or
(c) development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone.
(2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
(3) The period so specified must not be less than 12 months after the notice takes effect.
(4) A completion notice shall be served—
(a) on the owner of the land,
(b) on the occupier of the land, and
(c) on any other person who in the opinion of the local planning authority will be affected by the notice.
(5) The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
(6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.
(1) A completion notice shall not take effect unless and until it is confirmed by the Secretary of State.
(2) In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
(3) If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).
(5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.
(1) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land, he may himself serve such a notice.
(2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.
(3) The Secretary of State shall not serve such a notice without consulting the local planning authority.
(1) If it appears to the local planning authority that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part, the authority may by order revoke or modify the permission to such extent as they consider expedient.
(2) In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
(3) The power conferred by this section may be exercised—
(a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;
(b) where the permission relates to a change of the use of any land, at any time before the change has taken place.
(4) The revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
(5) References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, and Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed by an order under this section revoking or modifying permission for such development.
(1) Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.
(2) Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
(a) the owner of the land affected,
(b) the occupier of the land affected, and
(c) any other person who in their opinion will be affected by the order.
(3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(4) If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.
(5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
(6) The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.
(1) This section applies where—
(a) the local planning authority have made an order under section 97; and
(b) the owner and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.
(2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
(a) the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and
(b) the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.
(3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).
(4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
(5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
(6) The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.
(7) If—
(a) no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
(b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).
(8) This section does not apply—
(a) to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part or Part VII, or
(b) to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.
(2) Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the local planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.
(8) Subsection (5) of section 97 applies for the purposes of this section as it applies for the purposes of that section.
(1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).
(2) The matters that may be referred to a Planning Inquiry Commission are—
(a) an application for planning permission which the Secretary of State has under section 77 directed to be referred to him instead of being dealt with by a local planning authority;
(b) an appeal under section 78 (including that section as applied by or under any other provision of this Act);
(c) a proposal that a government department should give a direction under section 90(1) that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;
(d) a proposal that development should be carried out by or on behalf of a government department.
(3) Any of those matters may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—
(a) that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;
(b) that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
(4) Part I of Schedule 8 shall have effect as respects the constitution of any such commission and its functions and procedure on references to it under this section, and the references in subsection (3) and in that Schedule to “the responsible Minister or Ministers” shall be construed in accordance with Part II of that Schedule.
(5) In relation to any matter affecting both England and Wales, the functions of the Secretary of State under subsection (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly.
(1) If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—
(a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or
(b) that any buildings or works should be altered or removed,
they may by order—
(i) require the discontinuance of that use, or
(ii) impose such conditions as may be specified in the order on the continuance of it, or
(iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,
as the case may be.
(2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.
(3) Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local planning authority on an application made under this Part.
(4) The power conferred by subsection (2) includes power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order—
(a) for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State under section 103; or
(b) for the continuance of a use of that land instituted before that date.
(5) Any planning permission granted in accordance with subsection (4) may be granted—
(a) so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or
(b) in the case of buildings or works constructed or a use instituted in accordance with planning permission granted for a limited period, so as to take effect from the end of that period.
(6) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
(7) Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 91(1)(b) and 92(4) is the local planning authority making the order.
(8) The previous provisions of this section do not apply to the use of any land for development consisting in the winning or working of minerals except as provided in Schedule 9, and that Schedule shall have effect for the purpose of making provision as respects land which is or has been so used.
(1) An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(2) The power of the Secretary of State under this section to confirm an order subject to modifications includes power—
(a) to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;
(b) to include in the order any grant of planning permission which might have been included in the order as submitted to him.
(3) Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—
(a) on the owner of the land affected,
(b) on the occupier of that land, and
(c) on any other person who in their opinion will be affected by the order.
(4) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5) If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning authority.
(6) The period referred to in subsection (4) must not be less than 28 days from the service of the notice.
(7) Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.
(8) Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in sections 91(1)(b) and 92(4).
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.
(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the local planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
(5) The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
(7) The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.
(8) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.
(1) It shall be the duty of every mineral planning authority—
(a) to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—
(i) are being carried out; or
(ii) have been carried out at any time during the relevant period; or
(iii) are authorised by planning permission but have not been begun; and
(b) to make in respect of any such site any order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9 that they consider appropriate.
(2) In subsection (1) “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.
(1) A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.
(2) Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement.
(3) An agreement made under this section with any person interested in land may be enforced by the local planning authority against persons deriving title under that person in respect of that land as if the local planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of such land.
(4) Nothing in this section or in any agreement made under it shall be construed—
(a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or
(b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a).
Town and Country Planning Act 1990