Legalize / United Kingdom / Public General Act

Town and Country Planning Act 1990

Type Public General Act

Publication 1990-05-24

Last updated 2026-04-14

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Neighbourhood areas in areas of two or more local planning authorities

61I

(1) The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.

(2) Regulations may make provision in connection with—

(a) the operation of subsection (1), and

(b) the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.

(3) The regulations may in particular make provision—

(a) modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),

(b) applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,

(c) requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and

(d) conferring powers or imposing duties on local planning authorities.

Provision that may be made by neighbourhood development order

61J

(1) A neighbourhood development order may make provision in relation to—

(a) all land in the neighbourhood area specified in the order,

(b) any part of that land, or

(2) A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.

(3) For the meaning of “excluded development”, see section 61K.

(4) A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.

(5) A neighbourhood development order may not relate to more than one neighbourhood area.

(5A) Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).

(6) A neighbourhood development order may make different provision for different cases or circumstances.

Meaning of “excluded development”

61K

The following development is excluded development for the purposes of section 61J—

(a) development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,

(b) development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,

(c) development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

(d) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),

(e) prescribed development or development of a prescribed description, and

(f) development in a prescribed area or an area of a prescribed description.

Permission granted by neighbourhood development orders

61L

(1) Planning permission granted by a neighbourhood development order may be granted—

(a) unconditionally, or

(b) subject to such conditions or limitations as are specified in the order.

(2) The conditions that may be specified include—

(a) obtaining the approval of the local planning authority who made the order but not of anyone else, and

(b) provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.

(3) Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.

(4) The regulations may in particular make provision—

(a) as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),

(b) requiring parish councils in prescribed circumstances to cease determining applications for approvals,

(d) treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),

(e) applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and

(f) disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.

(5) A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.

(6) Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).

(7) If—

(a) planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and

(b) the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8) But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

Revocation or modification of neighbourhood development orders

61M

(1) The Secretary of State may by order revoke a neighbourhood development order.

(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.

(3) If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.

(4) A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.

(4A) A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.

(5) If the qualifying body that initiated the process for the making of the neighbourhood development order mentioned in subsection (4) or (4A) is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) or (4A) is exercisable only with that body's consent.

(6) A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.

(7) Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.

(8) The regulations may in particular make provision—

(a) for the holding of an examination in relation to a revocation proposed to be made by the authority,

(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,

(d) as to the giving of notice and publicity in connection with a revocation or modification,

(e) as to the information and documents relating to a revocation or modification that are to be made available to the public,

(f) as to the making of reasonable charges for anything provided as a result of the regulations,

(g) as to consultation with and participation by the public in relation to a revocation, and

(h) as to the making and consideration of representations about a revocation (including the time by which representations must be made).

Legal challenges in relation to neighbourhood development orders

61N

(1) A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.

(2) A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) or paragraph 13B of that Schedule (intervention powers of Secretary of State) only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.

(3) A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the result of the referendum is declared.

Guidance

61O

Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).

Provision as to the making of certain decisions by local planning authorities

61P

(1) Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).

(2) The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).

Community right to build orders

61Q

Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).

Street vote development orders

61QA

(1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.

(2) A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order—

(a) for development specified in the order, or

(b) for development of any description or class specified in the order.

Qualifying groups

61QB

(1) A “qualifying group”, in relation to a street vote development order, is a group of individuals—

(a) each of whom on the prescribed date meet the conditions in subsection (2), and

(b) comprised of at least—

(i) the prescribed number, or

(ii) the prescribed proportion of persons of a prescribed description.

(2) The conditions are that the individual—

(a) is entitled to vote in—

(i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or

(ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,

(b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and

(3) A “relevant council” means—

(a) a district council,

(b) a London borough council,

(d) a county council in relation to any area in England for which there is no district council.

(4) For the purposes of this section—

(a) “anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;

(b) “Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;

(d) “qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.

Meaning of “street area”

61QC

(1) A “street area” means an area in England—

(a) which is of a prescribed description, and

(b) no part of which is within an excluded area.

(2) An “excluded area” means—

(a) a National Park or the Broads;

(b) an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;

(d) an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;

(e) an area identified as green belt land, local green space or metropolitan open land in a development plan;

(f) a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

(g) such other area as may be specified or described in regulations made by the Secretary of State.

(3) In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).

Process for making street vote development orders

61QD

(1) The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.

(2) SVDO regulations must, in particular, make provision—

(a) for the appointment by the Secretary of State of a person to—

(i) handle proposals made under section 61QA (1) (“street vote proposals”) or specified aspects of those proposals,

(ii) carry out the independent examination of such proposals, and

(iii) to make street vote development orders on the Secretary of State’s behalf,

(and for the above purposes the same or different persons may be appointed);

(b) as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.

(3) SVDO regulations may, in particular, include provision as to—

(a) the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);

(b) the form and content of a street vote proposal;

(d) the circumstances and the way in which a proposal may be withdrawn;

(e) the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;

(f) the circumstances in which an appointed person may or must decline to consider or reject a proposal;

(g) the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;

(h) the functions of the independent examination in relation to the proposal;

(i) the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);

(j) the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);

(k) the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);

(l) the award of costs in connection with an examination;

(m) the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);

(n) the payment by a local planning authority of remuneration and expenses relating to the examination;

(o) the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);

(p) cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);

(q) requirements about the giving of notice and publicity;

(r) the information and documents that are to be made available to the public;

(s) consultation with and participation by the public or prescribed persons;

(t) the making and consideration of representations;

(u) the determination of the time by or at which anything must be done in connection with street vote development orders;

(v) the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;

(w) the making of reasonable charges for anything done in connection with street vote development orders;

(x) when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.

Referendums

61QE

(1) SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—

(a) as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;

(b) the functions of such councils in relation to the referendum;

(c) dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);

(d) prescribing a date by which the referendum must be held or before which it cannot be held;

(e) as to the question to be asked in the referendum and any explanatory material in relation to that question;

(f) as to voter eligibility for the referendum;

(g) as to the publicity to be given in connection with the referendum;

(h) as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);

(i) about the limitation of expenditure in connection with the referendum;

(j) as to the conduct of the referendum;

(k) as to when, where and how voting in the referendum is to take place;

(l) as to how the votes cast are to be counted;

(m) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;

(n) about the combination of polls at the referendum with polls at another referendum or at any election;

(o) as to the threshold of votes that must be met before a street vote development order may be made.

(2) For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.

(3) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

(4) Before making provision within this section, the Secretary of State must consult the Electoral Commission.

(5) In this section “enactment” means an enactment, whenever passed or made.

Regulations: general provision

61QF

SVDO regulations may—

(a) provide for exemptions (including exemptions which are subject to prescribed conditions);

(b) confer a function, including a function involving the exercise of a discretion, on any person.

Provision that may be made by a street vote development order

61QG

(1) A street vote development order may make provision in relation to—

(a) all land in the street area specified in the order,

(b) any part of that land, or

(2) A street vote development order may only provide for the granting of planning permission for any development that—

(a) is prescribed development or development of a prescribed description or class,

(b) is not excluded development, and

(3) A street vote development order may make different provision for different purposes.

Meaning of “excluded development”

61QH

The following development is excluded development for the purposes of section 61QG (2)(b) —

(a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

(b) Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);

(c) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008);

(d) development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;

(e) development consisting of the winning and working of minerals;

(f) such other development as may be specified or described in regulations made by the Secretary of State.

Permission granted by street vote development orders

61QI

(1) The granting of planning permission by a street vote development order is subject to—

(a) any prescribed conditions or limitations or conditions or limitations of a prescribed description, and

(b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).

(2) The conditions that may be specified include a condition that unless a relevant obligation is entered into—

(a) the development authorised by the planning permission or any description of such development must not be begun, or

(b) anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.

(3) A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.

(4) But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—

(a) is necessary to make the development specified in the order acceptable in planning terms,

(b) is directly related to the development,

(d) satisfies such other requirements as may be specified in regulations made by the Secretary of State.

(5) The Secretary of State may by regulations provide that—

(a) conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),

(b) conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or

(6) A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.

(7) If—

(a) planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and

(b) the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

(8) But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

(9) In this section “relevant obligation” means—

(a) an obligation under section 106 (planning obligations), or

(b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).

Revocation or modification of street vote development orders

61QJ

(1) The Secretary of State may by order revoke or modify a street vote development order.

(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.

(3) If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation.

(4) An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.

(5) A modification of a street vote development order is to be done by replacing the order with a new one containing the modification.

(6) Regulations may make provision in connection with the revocation or modification of a street vote development order.

(7) The regulations may, in particular, include provision as to—

(a) the giving of notice and publicity in connection with a revocation or modification;

(b) the information and documents relating to a revocation or modification that are to be made available to the public;

(d) consultation with and participation by the public in relation to a revocation or modification;

(e) the making and consideration of representations about a revocation or modification (including the time by which representations must be made).

Financial assistance in relation to street votes

61QK

(1) The Secretary of State may do anything that the Secretary of State considers appropriate—

(a) for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or

(b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.

(2) The things that the Secretary of State may do under this section include, in particular—

(a) the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and

(b) the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).

(3) In this section—

(a) the reference to giving advice or assistance includes providing training or education;

(b) any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

Street votes: connected modifications

61QL

The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.

Interpretation

61QM

In sections 61QA to 61QL—

“an appointed person” means a person appointed in accordance with section 61QD (2)(a);

“excluded development” has the meaning given by section 61QH;

“qualifying group” has the meaning given by section 61QB;

“relevant council” has the meaning given by section 61QB (3);

“street area” has the meaning given by section 61QC;

“street vote development order” has the meaning given by section 61QA (2);

“street vote proposal” has the meaning given by section 61QD (2)(a)(i);

“SVDO regulations” has the meaning given by section 61QD (1).

England: consultation before applying for planning permission or permission in principle

England: requirement to carry out pre-application consultation

61W

(1) Where—

(a) a person proposes to make an application for planning permission , or permission in principle, for the development of any land in England, and

(b) the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

(2) The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

(3) The person must consult each specified person about the proposed application.

(4) Publicity under subsection (2) must—

(a) set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

(b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(5) In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

(6) Subsection (1) does not apply—

(a) if the proposed application is an application under section 293A 293B, or

(b) in cases specified in a development order.

(7) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

Duty to take account of responses to consultation

61X

(1) Subsection (2) applies where a person—

(a) has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and

(b) proposes to go ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application).

(2) The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

Power to make supplementary provision

61Y

(1) A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission or permission in principle.

(2) The provision that may be made under subsection (1) includes (in particular)—

(a) provision about, or in connection with, publicising the proposed application;

(b) provision about, or in connection with, the ways of responding to the publicity;

(d) provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

(e) provision as to the timetable (including deadlines) for—

(i) compliance with section 61W(1),

(ii) responding to publicity under section 61W(2), or

(iii) responding to consultation under section 61W(3);

(f) provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

(g) provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

(3) Provision under subsection (1) may be different for different cases.

Wales: pre-application procedure

Wales: requirement to carry out pre-application consultation

61Z

(1) This section applies where—

(a) a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and

(b) the proposed development is development of a description specified in a development order.

(2) The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).

(3) The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.

(4) The applicant must consult each specified person about the proposed application.

(5) Publicity under subsection (3) must—

(a) set out how the applicant may be contacted by persons wishing to comment on the proposed development;

(b) give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(6) For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.

(7) Subsection (2) does not apply—

(a) if the proposed application is an application under section 293A, or

(b) in cases specified in a development order.

(8) A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).

(9) That provision may include —

(a) provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(b) provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);

(d) provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).

Wales: pre-application services

61Z1

(1) The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.

(2) Regulations under this section may, in particular, make provision—

(a) about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b) about the nature of the services required to be provided, and when and how they are to be provided;

(c) for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;

(d) about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(3) References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.

(4) A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.

Pre-application services: records and statement of services

61Z2

(1) The Welsh Ministers may by regulations make provision requiring—

(a) records to be kept of requests for pre-application services;

(b) records to be kept of pre-application services provided;

(c) a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.

(2) The regulations may, in particular, include provision about—

(a) the form and content of the records to be kept;

(b) the form and content of the statement;

(d) the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for planning permission or permission in principle

Applications for planning permission or permission in principle.

62

(1) A development order may make provision as to applications for planning permission or permission in principle made to a local planning authority.

(2) Provision referred to in subsection (1) includes provision as to—

(a) the form and manner in which the application must be made;

(b) particulars of such matters as are to be included in the application;

(2A) In subsections (1) and (2) references to applications for planning permission include references to —

(za) applications for any consent, agreement or approval required by a condition under section 61C(1)(b),

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(b) applications for approval under section 61L(2) , and

(c) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).

(3) The local planning authority may require that an application for planning permission must include—

(a) such particulars as they think necessary;

(b) such evidence in support of anything in or relating to the application as they think necessary.

(4) But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).

(4A) Also, a requirement under subsection (3) in respect of an application ...—

(a) must be reasonable having regard, in particular, to the nature and scale of the proposed development; and

(b) may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.

(5) A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—

(a) a statement about the design principles and concepts that have been applied to the development;

(b) a statement about how issues relating to access to the development have been dealt with.

(6) The form and content of a statement mentioned in subsection (5) is such as is required by the development order.

(7) In subsection (8) “a relevant application” means the application for planning permission or permission in principle in a case where a person—

(a) has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and

(b) is going ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application).

(8) A development order must require that a relevant application be accompanied by particulars of—

(a) how the person complied with section 61W(1),

(b) any responses to the consultation that were received by the person, and

(9) In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—

(a) has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and

(b) is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).

(10) A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—

(a) how the applicant complied with section 61Z;

(b) any responses to the consultation received from persons consulted under section 61Z(3) or (4);

(11) A development order may make provision about the form and content of the pre-application consultation report.

Wales: appeal against notice that application is not valid

Wales: notice that application is not valid

62ZA

(1) This section applies where an application is made to a local planning authority in Wales—

(a) for planning permission, or

(b) for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2) In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3) The notice must—

(a) identify the requirement in question, and

(b) set out the authority's reasons for thinking the application does not comply with it.

(4) In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a) the application does not comply with the terms of the planning permission in question, or

(b) a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5) The notice must identify—

(a) the information, documents or materials in question, and

(b) the paragraph of subsection (4) which the authority think applies.

(6) A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).

(7) A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a) the local planning authority must not entertain the application (see section 327A), or

(b) the period prescribed under section 78(2) does not begin to run in relation to the application.

Right to appeal to Welsh Ministers against notice

62ZB

(1) If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2) In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a) that the application complies with the requirement identified in the notice given under section 62ZA(2);

(b) that the application is not one to which the requirement applies;

(d) in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3) In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a) that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b) in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c) in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4) The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5) The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6) The appeal is to be determined on the basis of representations in writing.

(7) The Welsh Ministers must either—

(a) dismiss the appeal, or

(b) quash or vary the notice to which it relates.

(8) The Welsh Ministers' decision on the appeal is final.

Appeals under section 62ZB: determination by appointed person

62ZC

(1) Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2) In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3) At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a) revoke the person's appointment, and

(b) appoint another person under subsection (1) to determine the appeal.

(4) An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5) An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6) The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person

62ZD

(1) The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2) The Welsh Ministers must serve a copy of the direction on—

(a) the person (if any) appointed to determine the appeal,

(b) the appellant, and

(3) In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4) The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5) The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a) the person (if any) previously appointed to determine the appeal,

(b) the appellant, and

(6) Where the Welsh Ministers give a direction under subsection (4)—

(a) they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b) anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

England: option to make application directly to Secretary of State

When application may be made directly to Secretary of State

62A

(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 applications of a description specified in the designation; and

(b) the application falls within that description.

(1A) Only prescribed descriptions of application may be specified in a designation under subsection (1).

(2) In this section “relevant application” means—

(a) an application for planning permission, or permission in principle, for the development of land in England, or

(b) an 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,

but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.

(3) Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts—

(a) that is—

(i) an application for listed building consent ... under the Planning (Listed Buildings and Conservation Areas) Act 1990, ...

(ia) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or

(ii) an application of a description prescribed by the Secretary of State,

(b) that is considered by the person making the application to be connected with the relevant application,

(d) that is neither a relevant application nor an application of the kind described in section 73(1), and

(e) that relates to land in England,

may (if the person so chooses) be made instead to the Secretary of State.

(4) If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—

(a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and

(b) direct that the connected application—

(i) is to be treated as having been made to that authority (and not to the Secretary of State under this section), and

(ii) is to be determined by that authority accordingly.

(5) The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.

(6) The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—

(a) may relate to a particular application or to applications more generally; and

(b) may be given to a particular authority or to authorities more generally.

Designation for the purposes of section 62A

62B

(1) An authority may be designated for the purposes of section 62A only if—

(a) 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,

(b) 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, and

(c) the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.

(1A) A document to which subsection (2) applies may set out different criteria for each description of application prescribed under section 62A(1A).

(2) This subsection applies to a document if—

(a) the document has been laid before Parliament by the Secretary of State,

(b) the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and

(c) the 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.

(3) In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(4) In calculating the 40-day period for a document, no account is to be taken of any period during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than four days.

(5) None of the following may be designated for the purposes of section 62A—

(a) the Homes and Communities Agency;

(b) the Mayor of London;

(ca) a development corporation established under section 3 of the New Towns Act 1981;

(d) an urban development corporation.

(6) The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—

(a) any designation of an authority for the purposes of section 62A, and

(b) any revocation of such a designation.

Notifying parish councils of applications under section 62A(1)

62C

(1) If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

(a) the application, and

(b) any alteration to the application accepted by the Secretary of State.

(2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule.

(3) An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1 or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.

Wales: developments of national significance

Developments of national significance: applications to be made to Welsh Ministers

62D

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Notification of proposed application under section 62D

62E

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Developments of national significance: secondary consents

62F

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Developments of national significance: supplementary provision about secondary consents

62G

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62H

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Requirement to submit local impact report

62I

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Duty to have regard to local impact report

62J

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Local impact report: supplementary

62K

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Timetable for determining applications

62L

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Wales: option to make application to Welsh Ministers

Option to make application directly to Welsh Ministers

62M

(1) If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.

(2) The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.

(3) The second condition is that—

(a) the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or

(b) the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),

is development of a description prescribed by regulations made by the Welsh Ministers.

(4) A qualifying application, for the purposes of this section, is—

(a) an application for planning permission for the development of land in Wales...;

(b) an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.

(5) But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.

(6) An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

Designation for the purposes of section 62M

62N

(1) In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.

(2) The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.

(3) The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.

(4) The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.

(5) The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.

(6) In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.

(7) The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.

(8) The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).

(9) An urban development corporation may not be designated for the purposes of section 62M.

Option to make application to Welsh Ministers: connected applications

62O

(1) This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.

(2) A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.

(3) A connected application, for this purpose, is an application under the planning Acts that—

(a) relates to land in Wales,

(b) is an application of a description prescribed by regulations made by the Welsh Ministers, and

(4) Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—

(a) that the application is not connected to the principal application, or

(b) that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.

(5) The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.

(6) An application referred to an authority under subsection (5)—

(a) is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and

(b) is to be determined by the authority accordingly.

(7) A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).

Applications made to Welsh Ministers: general

Applications to the Welsh Ministers: supplementary

62P

(1) A decision of the Welsh Ministers on an application made to them under section ... 62M or 62O is final.

(2) The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section ... 62M that would otherwise have been made to the authority.

(3) The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.

(4) Directions given under this section—

(a) may relate to a particular application or description of application, or to applications generally;

(b) may be given to a particular authority or description of authority, or to authorities generally.

(5) The power to give directions under this section includes power to vary or revoke the directions.

Notifying community councils of applications made to Welsh Ministers

62Q

(1) This section applies if—

(a) an application is made to the Welsh Ministers under section ... 62M or 62O, and

(b) a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).

(2) The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.

(3) The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.

(4) The “relevant local planning authority”, for this purpose, is—

(a) in the case of an application under section ... section 62M, the local planning authority to which (but for that section) the application would have been made;

(b) in the case of an application under section ... 62O which (but for that section) would have been made to a local planning authority, that authority.

Power to make provision by development order in respect of applications to Welsh Ministers

62R

(1) A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section ... 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section ... 62M or 62O, is to be dealt with by the Welsh Ministers.

(2) That provision may include provision about—

(a) consultation to be carried out by the Welsh Ministers;

(b) the variation of an application.

Exercise of functions by appointed person

62S

Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with ... applications made to the Welsh Ministers under section 62M or 62O.

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63

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64

Publicity for applications

Notice etc. of applications for planning permission or permission in principle.

65

(1) A development order may make provision requiring—

(a) notice to be given of any application for planning permission or permission in principle, and

(b) any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2) Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or an agricultural tenant of that land, is given notice of the application in such manner as may be required by the order.

(3) A development order may require an applicant for planning permission or permission in principle to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

(3A) In subsections (1) and (3) references to —

(a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and

(b) any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval , and

(c) any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.

(4) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(5) A local planning authority shall not entertain an application for planning permission or permission in principle unless any requirements imposed by virtue of this section have been satisfied.

(6) If any person—

(a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) In this section—

“agricultural tenant”, in relation to any land, means any person who— is the tenant, under a tenancy in relation to which the Agricultural Holdings Act 1986 applies, of an agricultural holding within the meaning of that Act any part of which is comprised in that land; oris the tenant, under a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), of land any part of which is comprised in that land;

“owner” in relation to any land means any person who—is the estate owner in respect of the fee simple;is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; orin the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission or permission in principle relates includes any interest in any mineral in, on or under the land.

(9) Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

Notification of applications to owners and agricultural tenants.

66

(1) Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—

(a) a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;

(b) a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out—

(i) the names of those persons,

(ii) the addresses at which notice of the application was given to them respectively, and

(iii) the date of service of each such notice;

(i) that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b),

(ii) that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and

(iii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so;

(d) a certificate stating—

(i) that the applicant is unable to issue a certificate in accordance with paragraph (a), and

(ii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so.

(2) Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated.

(3) The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a).

(4) In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement —

(a) that none of the land to which the application relates constitutes or forms part of an agricultural holding; or

(b) that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates.

(5) Such a statement as is mentioned in subsection (4)(b) must set out—

(a) the name of each person to whom the applicant has given notice of the application,

(b) the address at which notice was given to him, and

(6) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate.

(7) In this section—

“ owner ”, in relation to any land, means a person who for the time being is—

(a) the estate owner in respect of the fee simple in the land, or

(b) entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and

Notification of applications for planning permission for mineral working.

67

(1) In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications.

(2) Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land.

(3) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant—

(a) stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land;

(b) setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice;

(c) stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and

(d) stating that he has complied with subsection (7) and when he did so.

(4) In this section “ relevant mineral ” means any mineral other than oil, gas, coal, gold or silver.

(5) Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated.

(6) The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3).

(7) In order to comply with this subsection the applicant must—

(a) post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and

(b) leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.

(8) The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.

(9) If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances.

(10) The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted).

(11) Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.

Further provisions as to certificates under sections 65 to 67.

68

(1) If any person—

(a) issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 and contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section.

(4) Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.

Register of applications etc

69

(1) The local planning authority must keep a register containing such information as is prescribed as to—

(a) applications for planning permission;

(aza) applications for permission in principle;

(aa) applications for non-material changes to planning permission under section 96A;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cza) Mayoral development orders;

(czb) street vote development orders or proposals for such orders;

(ca) neighbourhood planning matters;

(d) simplified planning zone schemes;

(e) applications for approval of biodiversity gain plans under Part 2 of Schedule 7A;

(f) development progress reports under section 90B;

(g) commencement notices under section 93G.

(2) The register must contain—

(a) information as to the manner in which applications mentioned in subsection (1)(a) and (aa) , (aa) , (aza) and (e) and requests mentioned in subsection (1)(b) have been dealt with;

(b) such information as is prescribed with respect to any local development order , Mayoral development order, street vote development order or proposal for such an order, neighbourhood planning matter or simplified planning zone scheme in relation to the authority’s area;

(c) such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;

(d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.

(2A) For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—

(a) neighbourhood development orders;

(b) neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and

(3) A development order may require the register to be kept in two or more parts.

(4) Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) , (aa) , (aza) and (b).

(5) A development order may also make provision—

(a) for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them;

(b) for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of.

(6) Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register.

(7) The register must be kept in such manner as is prescribed.

(8) The register must be kept available for inspection by the public at all reasonable hours.

(9) Anything prescribed under this section must be prescribed by development order.

The register: additional requirements in relation to England

69A

(1) A register kept under section 69 by a local planning authority in England must (in addition to the information prescribed under that section) also contain such information as is prescribed as to—

(a) prior approval applications made in connection with planning permission granted by a development order;

(b) the manner in which such applications have been dealt with by the authority;

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