The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

JurisdictionUK Non-devolved

2017 No. 276

Town And Country Planning, England

The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

Made 6th March 2017

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 15C(5) of the Commons Act 20061and section 213 of the Housing and Planning Act 20162, makes the following Regulations.

A draft of this instrument was laid before Parliament under section 59(3A) of the Commons Act 2006 and section 214(2) of the Housing and Planning Act 2016 and approved by resolution of both Houses of Parliament.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 and come into force on the twenty-first day after the day on which they are made.

S-2 Consequential amendment to the Local Government Act 1972

Consequential amendment to the Local Government Act 1972

2.—(1) Schedule 12A to the Local Government Act 19723is amended as follows.

(2) In paragraph 9 (access to information: qualifications to exempt information), after “planning permission” insert “or permission in principle4”.

S-3 Consequential amendment to the Town and Country Planning Act 1990

Consequential amendment to the Town and Country Planning Act 1990

3.—(1) The Town and Country Planning Act 19905is amended as follows.

(2) In section 69 (register of applications etc)—

(a)

(a) in paragraph (2) for “and (aa)” substitute “, (aa) and (aza)”; and

(b)

(b) in paragraph (4) after “(aa)” insert “, (aza)”.

(3) In section 75 (effect of planning permission)—

(a)

(a) in the heading, after “planning permission” insert “or permission in principle”; and

(b)

(b) in subsection (1), after “planning permission”, in both places, insert “or permission in principle”.

(4) In section 96A (non-material changes to planning permission)—

(a)

(a) in the heading, after “planning permission” insert “or permission in principle”;

(b)

(b) in subsection (1) after “planning permission” insert “, or any permission in principle (granted following an application to the authority),”;

(c)

(c) in subsections (2), (4), (6) and (7) after “planning permission”, in each place, insert “or permission in principle”; and

(d)

(d) in subsection (3), after “includes power” insert “to make a change to a planning permission”.

(5) In section 100 (revocation and modification of planning permission by the Secretary of State), in the heading, after “planning permission” insert “or permission in principle”.

S-4 Consequential amendment to the Planning (Hazardous Substances) Act 1990

Consequential amendment to the Planning (Hazardous Substances) Act 1990

4.—(1) The Planning (Hazardous Substances) Act 19906is amended as follows.

(2) In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations), after “planning permission” insert “, permission in principle7”.

S-5 Amendment to the Commons Act 2006

Amendment to the Commons Act 2006

5.—(1) Schedule 1A (exclusion of right under section 15) to the Commons Act 20068is amended as follows.

(2) After paragraph 4 in the Table set out in Schedule 1A insert—

“4A. A local planning authority first publicise their intention to enter land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section.

The period of 10 weeks, beginning with the date of first publication of their intention, expires without the land being entered on Part 2 of the register.

4B. A local planning authority first publicise the entry of land in Part 2 of a register under section 14A of the Planning and Compulsory Purchase Act 2004 in accordance with requirements imposed by regulations under that section.

A permission in principle granted under section 59A(1)(a) of the Town and Country Planning Act 1990, in relation to the land allocated for...

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