New Legislation – relating to permission in principle (01/06/2018) …

The following 1 new Statutory Instrument (SI) comes into force on 01/06/2018:

New Legislation:

  • June 2018: SI 2017 No. 1309 - The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (pdf) (link).

Notes:

  • The above SI includes amendments to the following SIs:
    - Permission in Principle Order 2017.
  • The above SI includes consequential amendments to the following SIs:
    - DMPO 2015.
    - General Regulations 1992.
    - Hazardous Substances Regulations 2015.
    - The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.
    - The Town and Country Planning (Hearings Procedure) (England) Rules 2000.
    - The Town and Country Planning (Inquiries Procedure) (England) Rules 2000.
    - The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009.
  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "This Order, which applies in England only, makes provisions in relation to permission in principle. In particular it amends the Town and Country Planning (Permission in Principle) Order 2017 (S.I. 2017/402)(“the 2017 Order”) to allow local planning authorities to grant permission in principle for development the main purpose of which is housing development on an application to the authority in accordance with provisions inserted into that Order by this instrument. Permission in principle and its effect are described in sections 58A, 59A and 70(2ZZA) to (2ZZC) of the Town and Country Planning Act 1990 (“the 1990 Act”) (those sections were inserted by section 150 of the Housing and Planning Act 2016 (c. 22)).".
    - "Article 4 inserts provisions into the 2017 Order in relation to applications for permission in principle. Inserted article 5A provides that a local planning authority may grant permission in principle on an application made to the authority and prescribes the type of development for which permission in principle may be granted. Inserted article 5B excludes certain classes of development from being granted permission in principle under article 5A (in particular it excludes major development, habitats development, householder development and EIA development). Inserted article 5C provides that where the non-housing part of any development is specified wind turbine development then there is requirement to undertake consultation before making the application. Inserted articles 5D to 5T set out the procedure for making and determining applications for permission in principle – this procedure is similar to the existing process for planning permissions. (Article 8 inserts a Schedule 1 into the 2017 Order which includes related notices.) Inserted article 5U sets out the procedure for applying for a non-material change to a permission in principle. Inserted article 5V sets out the procedure for appealing against a refusal of permission in principle.".
    - "Article 5 substitutes a new article 6 (planning register) in the 2017 Order. The new article 6 requires the planning register to include details of each permission in principle, whether granted following an allocation of land in a register under section 14A of the Planning and Compulsory Purchase Act 2004, or granted following an application for permission in principle.".
    - "Article 6 amends article 7 (prescribed period under section 70(2ZZC) of the 1990 Act) of the 2017 Order by prescribing (as 3 years) the period during which a technical details application must be determined in accordance with the permission in principle where that permission in principle is granted following an application to a local planning authority.".
    - "Article 7 inserts a new article 7A into the 2017 Order. This new article enables an applicant to notify the authority that it no longer wishes to be contacted electronically.".
    - "Article 8 inserts a new Schedule 1 into the 2017 Order setting out notices in relation to applications for permission in principle.".
    - "Article 9 and Schedule 2 set out a number of amendments to secondary legislation relating to permission in principle.".

Other Sources of Information:

  • February 2016: Technical consultation on implementation of planning changes (pdf) (link).
    - Note: For a summary of the above document, please view this post.
  • March 2017: Government response to the technical consultation on implementation of planning changes - Permission in principle and brownfield registers (March 2017) (pdf) (link).
  • December 2017: Explanatory Memorandum to SI 2017 No. 1309 (pdf) (link).

Updates to the Planning Jungle website: