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Growth and Infrastructure Act 2013

Consolidated Text As Enacted Cited authorities 217 Cited in Amendments 114 Related
Vincent
JurisdictionUK Non-devolved
(1) In the Town and Country Planning Act 1990, after section 62 insert—
    (62A) When application may be made directly to Secretary of State
  • “(1) A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—
  • (a) the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and
  • (b) the development to which the application relates (where the application is within subsection (2) (b) (i) ) , or the development for which outline planning permission has been granted (where the application is within subsection (2) (b) (ii) ) , is major development.
the local planning authority concerned is designated by the Secretary of State for the purposes of this section; andthe development to which the application relates (where the application is within subsection (2) (b) (i) ) , or the development for which outline planning permission has been granted (where the application is within subsection (2) (b) (ii) ) , is major development.“major development” means development of a description prescribed by the Secretary of State;an application for planning permission for the development of land in England, other than an application of the kind described in section 73(1) ; oran application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England.an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation Areas) Act 1990, oran application of a description prescribed by the Secretary of State,that is considered by the person making the application to be connected with the relevant application,that would otherwise have to be made to the local planning authority or hazardous substances authority,that is neither a relevant application nor an application of the kind described in section 73(1) , andthat relates to land in England,refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; andis to be treated as having been made to that authority (and not to the Secretary of State under this section) , andis to be determined by that authority accordingly.The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.may relate to a particular application or to applications more generally; andmay be given to a particular authority or to authorities more generally.the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, andthe criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.the document has been laid before Parliament by the Secretary of State,the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, andthe document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.

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