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The Town and Country Planning (Development Management Procedure) (England) Order 2015

Type Statutory-Instrument

Publication 2015-03-18

Last updated 2026-04-09

State In force

Department King's Printer of Acts of Parliament

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(iii) the notice of the decision or determination;

(b) in all other cases—

(i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii) all plans, drawings and documents sent to the authority in connection with the application;

(iii) all correspondence with the authority relating to the application;

(iiia) where the application was an application for technical details consent, details of the relevant permission in principle;

(iv) any certificate provided to the authority under article 14;

(v) any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination;

(vi) the notice of the decision or determination, if any;

(vii) if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted;

(viii) subject to paragraph (4), the applicant's full statement of case (if they wish to make additional representations);

(ix) subject to paragraph (4), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and

(x) subject to paragraph (4), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry.

(4) The relevant documents required in paragraph (3)(b)(viii) to (x) are not required to accompany the notice under paragraph (1)—

(a) where a direction is given by the Secretary of State under section 321(3) of the 1990 Act (matters related to national security) ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; or

(5) The Secretary of State may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1)(a) and the documents required under paragraph (3) are not served on the Secretary of State within the time limit specified in paragraph (2).

(6) The Secretary of State may provide, or arrange for the provision of, a website for use for such purposes as the Secretary of State thinks fit which—

(a) relate to appeals under section 78 of the 1990 Act and this article; and

(b) are capable of being carried out electronically.

(7) Where a person gives notice of appeal to the Secretary of State using electronic communications, the person is taken to have agreed—

(a) to the use of such communications for all purposes relating to the appeal which are capable of being carried out electronically;

(b) that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's notice of appeal; and

(c) that the person's deemed agreement under this paragraph subsists until notice is given in accordance with article 46 that the person wishes to revoke the agreement.

(8) In this article—

“draft statement of common ground” means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority;

“full statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;

“householder appeal” means an appeal under section 78(1) of the 1990 Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;

“minor commercial appeal” means an appeal under section 78(1) of the 1990 Act in relation to a minor commercial application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;

“specified period” means the period specified in article 27 or article 34, as the case may be;

“type A appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—has been served no earlier than 2 years before the application is made;has been served before—the date of the notice of the decision or determination giving rise to the appeal; orthe expiry of the specified period; andis not withdrawn before the expiry of the period of 28 days from the date specified in sub-paragraph (b); and

“type B appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—is served on or after—the date of the notice of the decision or determination giving rise to the appeal, orthe expiry of the specified period;is served earlier than 28 days before the expiry of the time limit specified—in the case of a householder or minor commercial appeal, in paragraph (2)(a); orin any other case, in paragraph (2)(d); andis not withdrawn before the expiry of the period of 28 days from the date on which the enforcement notice is served.

Part 8 — Miscellaneous

Local development orders

38

(1) Where a local planning authority propose to make a local development order they must first prepare—

(a) a draft of the order; and

(b) a statement of their reasons for making the order.

(2) The statement of reasons must contain—

(a) a description of the development which the order would permit; and

(b) a plan or statement identifying the land to which the order would relate.

(3) Where a local planning authority have prepared a draft local development order, they must consult, in accordance with paragraph (5), such of the following persons whose interests the authority consider would be affected by the order if made—

(a) if the local planning authority is a London borough council, the Mayor of London;

(b) a local planning authority, county council or parish council any part of whose area is in or adjoins the area of the local planning authority;

(ba) a neighbourhood forum for a neighbourhood area any part of which is in or adjoins the area of the local planning authority;

(d) the Environment Agency ;

(e) the Historic England ;

(f) where the Secretary of State is the highway authority for any highway in the area of the local planning authority, the Secretary of State for Transport;

(g) a strategic highways company any part of whose area is in or adjoins the area of the local planning authority;

(h) any person—

(i) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003 (application of the electronic communications code) ; and

(ii) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority;

(i) any of the following persons who exercise functions in any part of the area of the local planning authority—

(i) an integrated care board

(ii) NHS England;

(iii) a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989 (licences authorising supply, etc) ;

(iv) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 (licensing of gas transporters) ;

(v) a sewerage undertaker;

(vi) a water undertaker;

(j) voluntary bodies some or all of whose activities benefit any part of the local planning authority's area;

(k) bodies which represent the interests of persons who share a protected characteristic in the local planning authority's area;

(l) bodies which represent the interests of persons carrying on business in the local planning authority's area.

(4) The local planning authority must also consult any person with whom they would have been required to consult on an application for planning permission for the development proposed to be permitted by the order.

(5) In consulting in accordance with paragraphs (3) and (4) the local planning authority must—

(a) send a copy of the draft order and the statement of reasons to the consultees;

(b) specify a consultation period of not less than 28 days; and

(6) A local planning authority must, during any consultation under paragraphs (3) and (4) —

(a) make a copy of the draft local development order, the environmental statement and statement of reasons available for inspection—

(i) at their principal office during normal working hours; and

(ii) at such other places within their area as they consider appropriate;

(b) publish on their website—

(i) the draft local development order, the environmental statement and the statement of reasons;

(ii) a statement that those documents are available for inspection and the places where and times when they can be inspected; and

(iii) the date by which representations on the draft local development order must be received, which must be not less than 28 days after the date of first publication on the website; and

(i) the draft local development order, the environmental statement and the statement of reasons;

(ii) the availability of those documents for inspection, and the places where and times when they can be inspected; and

(iii) the date by which representations on the draft local development order must be received, which must be not less than 28 days from the date on which the notice was first published.

(7) Where the draft local development order would grant planning permission for development specified in the order, the local planning authority must also give notice of their proposal to make the order—

(a) by site display in at least one place on or near to the site to which the order relates a notice in the appropriate form set out in Schedule 7 or in a form substantially to the same effect, and, subject to paragraph (8), leaving the notice in position for a period of not less than 28 days beginning with the date on which it is first displayed by site display; and

(b) by serving a copy of that notice on every person whom the authority knows to be the owner or tenant of any part of the site whose name and address is known to the authority,

and specifying in the notice a date by which representations on the draft local development order must be received, which must be not less than 28 days from the date on which the notice was displayed by site display or served, as the case may be.

(8) Where the notice referred to in paragraph (7)(a) is, without any fault or intention of the authority, removed, obscured or defaced before the period referred to in that paragraph has elapsed, the authority is treated as having complied with the requirements of that paragraph if they have taken reasonable steps for the protection of the notice, and, if necessary, its replacement.

(9) Paragraph (10) applies where any notice of the proposal has been—

(a) published on the authority's website or by local advertisement in accordance with paragraph (6);

(b) given by site display under paragraph (7)(a); or

(10) A local planning authority must, in considering what modifications should be made to the draft local development order or whether such an order should be adopted, take into account any representations made in relation to that order and received by the authority by the date specified on the website or in the notices, in accordance with paragraph (6) or (7) as the case may be, as the date by which representations should be made (or, if the dates on the website or in the notices differ from each other, the latest of such dates).

(11) A local planning authority must send a copy of—

(a) the local development order,

(b) the statement of reasons relating to the making of that order, and

(c) any environmental statement relating to that order prepared in accordance with regulation 29(4)(a) of the 2011 Regulations , to the Secretary of State as soon as reasonably practicable, and no later than 28 days, after the local planning authority has adopted the order.

(12) A local development order must not be made so as to grant planning permission—

(a) for development affecting a listed building, or

(b) for development which is Schedule 1 development within the meaning of regulation 2(1) of the 2017 Regulations (interpretation).

(13) Where a local planning authority revoke a local development order the authority must—

(a) publish on their website a statement that the local development order has been revoked;

(b) give notice of the revocation by local advertisement; and

(c) give written notice of the revocation to every person whom the local planning authority consulted under paragraphs (3) or (4) before making the order.

(14) In this article, a requirement to give notice by local advertisement is a requirement to publish the notice in as many newspapers as will secure that the press coverage (taken as a whole) extends to the whole of the area to which the local development order relates.

Certificate of lawful use or development

39

(1) An application for a certificate under section 191(1) or 192(1) of the 1990 Act (certificates of lawfulness of existing or proposed use or development) must be made on a form published by the Secretary of State (or on a form substantially to the same effect) and must, in addition to specifying the land and describing the use, operations or other matter in question in accordance with those sections, include the particulars specified or referred to in the form.

(2) An application to which paragraph (1) applies must be accompanied by—

(a) a plan identifying the land to which the application relates drawn to an identified scale and showing the direction of North;

(b) such evidence verifying the information included in the application as the applicant can provide; and

(c) a statement setting out the applicant's interest in the land, the name and address of any other person known to the applicant to have an interest in the land and whether any such other person has been notified of the application.

(3) Where an application for a certificate under section 192(1) of the 1990 Act is made in respect of Crown land , it must, in addition to the documents required by paragraph (2), be accompanied by—

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

(4) Where such an application specifies two or more uses, operations or other matters, the plan which accompanies the application must indicate to which part of the land each such use, operation or matter relates.

(5) Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is taken to have agreed—

(a) to the use of such communications by the local planning authority for the purposes of the application;

(b) that the applicant's address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and

(c) that the applicant's deemed agreement under this paragraph subsists until notice is given in writing of the withdrawal of the applicant's consent to the use of electronic communications under article 46.

(6) Articles 11(1) and 34(8) apply to an application for a certificate to which paragraph (1) applies as they apply to an application for planning permission.

(7) When the local planning authority receive an application which complies with the requirements of paragraphs (1) to (4) and any fee required to be paid with respect to the application, they must, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Schedule 1.

(8) Where, after sending an acknowledgement as required by paragraph (7), the local planning authority consider that the application is invalid they must, as soon as reasonably practicable, notify the applicant that the application is invalid.

(9) The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.

(10) Where a valid application has been received, the local planning authority must give the applicant written notice of their decision within—

(a) the period of 8 weeks beginning with the day immediately following that on which the application is received; or

(b) unless the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed in writing between the applicant and the authority.

(11) Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured—

(a) sub-paragraph (a) of paragraph (10) has effect as if, for “the application is received”, there were substituted “ the authority are satisfied that they have received the full amount of the fee ”; and

(b) sub-paragraph (b) of that paragraph has effect as if, at the end, there were added “ once the authority are satisfied that they have received the full amount of the fee ”.

(12) In this article, “valid application” means an application which—

(a) complies with the requirements of paragraphs (1) to (4); and

(b) is accompanied by the appropriate fee,

and a valid application is taken to have been received when the application and all of the documents, particulars or evidence referred to in paragraphs (1) to (4) have been lodged with the appropriate authority mentioned in article 11(1) and the fee has been paid.

(13) Where an application is refused, in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision must state clearly and precisely the authority's full reasons for their decision and include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the Secretary of State under section 195 of the 1990 Act (appeals against refusal or failure to give decision on application) .

(14) A certificate under section 191 or 192 of the 1990 Act must be in the form set out in Schedule 8 or in a form substantially to the same effect.

(15) Where a local planning authority propose to revoke a certificate issued under section 191 or 192 of the 1990 Act in accordance with section 193(7) of the 1990 Act (certificates under sections 191 and 192: supplementary provisions) , they must, before they revoke the certificate, give notice of that proposal to—

(a) the owner of the land affected;

(b) the occupier of the land affected;

(d) in the case of a certificate issued by the Secretary of State under section 195 of the 1990 Act, the Secretary of State.

(16) A notice issued under paragraph (15) must invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority must not revoke the certificate until all such periods allowed for making representations have expired.

(17) An authority must give written notice of any revocation under section 193(7) of the 1990 Act to every person on whom notice of the proposed revocation was served under paragraph (15).

Part 9 — Monitoring

Register of applications

40

(1) In this article and in articles 41 and 42, “the local planning register authority” means—

(a) in relation to land in a National Park, the National Park authority (and references to the area of the local planning register authority are, in this case, to the National Park);

(b) in relation to land in Greater London or a metropolitan county, which is not land in a National Park, the local planning authority (and references to the area of the local planning register authority are, in this case, to the area of the local planning authority other than any part of their area within a National Park);

(i) the district planning authority; or

(ii) where there is no district planning authority in relation to the land, the county planning authority,

(and references to the area of the local planning register authority are, in this case, to the area of the district planning authority or the area of the county planning authority, as the case may be, other than any part of their area within a National Park).

(2) Each local planning register authority must keep, in two parts, a register (“the register”) of every application for planning permission relating to their area.

(3) Part 1 of the register must contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of—

(a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings;

(b) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

(c) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and

(d) particulars of any modification to any planning obligation or section 278 agreement included in Part 1 of the register in accordance with sub-paragraphs (b) and (c).

(4) Part 2 of the register must contain, in respect of every application for planning permission relating to the local planning register authority's area—

(a) a copy (which may be photographic or in electronic form) of—

(i) the application;

(ii) the plans and drawings submitted in relation to the application;

(iii) any accompanying design and access statement provided in accordance with article 9; and

(iv) any accompanying fire statement provided in accordance with article 9A;

(b) particulars of any direction given under the 1990 Act or this Order in respect of the application;

(c) the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision and the name of the local planning authority;

(d) the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal ... or on a reference under section 77 of the 1990 Act (reference of applications to Secretary of State) ;

(e) the date of any subsequent approval (whether approval of reserved matters or any other approval required) given in relation to the application;

(f) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

(g) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

(h) particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part 2 of the register in accordance with sub-paragraphs (f) or (g) or paragraph (6).

(4ZA) Part 2 of the register must contain, in respect of every planning permission granted relating to the local planning register authority’s area—

(a) a copy of all the biodiversity gain plans submitted under paragraph 13 of Schedule 7A to the 1990 Act;

(b) notice of the determination whether to approve each biodiversity gain plan including the date of that notice and the name of the planning authority.

(4ZB) Where the local planning register authority is not the planning authority in respect of a biodiversity gain plan, the requirement in paragraph (4ZA) only applies where the planning authority has sent the information required to the local planning register authority in accordance with article 37D(4).

(4A) The register must also contain the following information in respect of every housing prior approval application relating to their area—

(a) a copy (which may be photographic or in electronic form) of each application together with any accompanying written description, plans, drawings and any statement specifying the net increase in dwellinghouses proposed by the development (for this purpose, “net increase in dwellinghouses” is the number of dwellinghouses proposed by the development that is additional to the number of dwellinghouses on the site immediately prior to the development);

(b) the date on which the application was received;

(c) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement proposed or entered into in connection with the application or any decision of the local planning authority or the Secretary of State in respect of the application;

(d) particulars of any modification to any planning obligation or section 278 agreement included in the register in accordance with sub-paragraph (c);

(e) particulars of any direction given under the 1990 Act or this Order in respect of this application;

(f) the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision, and the name of the local planning authority;

(g) the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal or on a reference under section 77 of the 1990 Act (reference of applications to the Secretary of State).

(4B) In paragraph (4A)—

“housing prior approval application” means a prior approval application which is—required by the terms of any planning permission granted by the Permitted Development Order for development which will create a net increase in dwellinghouses, before such development may begin; andmade in accordance with the requirements of that Order.

(5) The register must also contain the following information in respect of every application made under article 10 relating to their area—

(a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings; and

(b) the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority.

(6) Where, on any appeal to the Secretary of State under section 174 of the 1990 Act (appeal against enforcement notice) , the appellant is deemed to have made an application for planning permission and the Secretary of State has granted permission, the local planning register authority must, on receipt of notification of the Secretary of State's decision, enter into Part 2 of the register particulars of the development concerned, the land on which it was carried out, and the date and effect of the Secretary of State's decision together with a copy (which may be photographic or in electronic form) of—

(a) any planning obligation or section 278 agreement entered into in connection with the decision; and

(b) any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.

(7) The register must also contain the following information in respect of every application for a certificate under section 191 or 192 of the 1990 Act (certificates of lawfulness of existing or proposed use or development) relating to the authority's area—

(a) the name and address of the applicant;

(b) the date of the application;

(d) the description of the use, operations or other matter included in the application;

(e) the decision, if any, of the local planning authority in respect of the application and the date of such decision; and

(f) the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application.

(8) The register must contain the following information about simplified planning zone schemes in the area of the authority—

(a) brief particulars of any action taken by the authority or the Secretary of State in accordance with section 83 of, or Schedule 7 to, the 1990 Act (making of simplified planning zone schemes etc.) to establish or approve any simplified planning zone scheme, including the date of adoption or approval, the date on which the scheme or alteration becomes operative and the date on which it ceases to be operative;

(b) a copy of any simplified planning zone scheme, or alteration to an existing scheme, including any diagrams, illustrations, descriptive matter or any other prescribed material which has been made available for inspection under Schedule 7 to the 1990 Act; and

(c) an index map showing the boundary of any operative or proposed simplified planning zone schemes, including alterations to existing schemes where appropriate, together with a reference to the entries in the register under sub-paragraphs (a) and (b).

(9) To enable any person to trace any entry in the register, every register must include an index together with a separate index of applications for development involving mining operations or the creation of mineral working deposits.

(10) Subject to paragraph (11), every entry in the register must be made within 14 days of the receipt of an application, or of the giving or making of the relevant direction, decision or approval as the case may be.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The register must either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority's area must be kept at a place situated in or convenient to that part.

(13) For the purposes of paragraph (3), an application is not treated as finally disposed of unless and until—

(a) it has been decided by the authority (or the appropriate period specified or referred to in article 34(2) or (3) has expired without their giving a decision) and the time limit specified in article 37(2) has expired without any appeal having been made to the Secretary of State;

(b) if it has been referred to the Secretary of State under section 77 of the 1990 Act or an appeal has been made to the Secretary of State under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) , the Secretary of State has issued a decision and the period of 6 weeks specified in section 288 of the 1990 Act (proceedings for questioning the validity of other orders, decisions and directions) has expired without any application having been made to the High Court under that section;

(c) an application has been made to the High Court under section 288 of the 1990 Act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State's decision and the issue of a fresh decision (without a further application under the said section 288); or

(d) it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued a decision.

(14) Where the register kept by a local planning register authority under this article is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

Register of local development orders

41

(1) The register kept by each local planning register authority under article 40 must also include as Part 3 a Part relating to local development orders.

(2) Part 3 of the register must consist of 2 sections—

(a) the first section of Part 3 must contain copies of draft local development orders which have been prepared but not adopted by the authority; and

(b) the second section of Part 3 must contain—

(i) copies of local development orders which have been adopted by the authority;

(ii) particulars of the revocation of any local development order made by the authority, including the date on which the revocation took effect; and

(iii) particulars of the revision of any local development order, including the date on which the revision took effect.

(3) A copy of each draft local development order must be placed on the register when the draft is sent for consultation in accordance with article 38(3).

(4) A copy of each local development order must be placed on the register within 14 days of the date of its adoption.

(5) A requirement under this article to place a copy of a draft order or order on the register includes a requirement to do the same with the statement of reasons for making that order.

Register of neighbourhood development orders

42

(1) The register kept by each local planning register authority under article 40 must also include as Part 4 a Part with two sections relating to neighbourhood development orders.

(2) The first section of Part 4 must contain copies of draft neighbourhood development orders which have been submitted to the authority by a qualifying body and not finally disposed of and such of the following as have been submitted with each such order—

(a) a copy of any plan or statement identifying the land to which the proposal relates;

(b) copies of any other accompanying plans or drawings;

(c) copies of any planning obligation or section 278 agreement entered into, or proposed to be entered into, in connection with any planning permission proposed to be granted by the draft neighbourhood development order; and

(d) in the case of a draft community right to build order, details of any enfranchisement rights which the qualifying body proposes are not exercisable, and the properties, or types of properties, in relation to which those rights are not exercisable.

(3) For the purposes of paragraph (2), a draft neighbourhood development order is not finally disposed of unless and until—

(a) the proposal for the order has been withdrawn before the authority have made a decision under paragraph 12 of Schedule 4B (consideration by authority of recommendations made by examiner etc) or paragraph 10 of Schedule 4C (examination of proposals for community right to build orders etc) to the 1990 Act;

(b) the authority have refused the proposal for the order in accordance with paragraph 6(4) of Schedule 4B to the 1990 Act (consideration of proposals by authority);

(c) the order has not been made following a referendum because a majority of persons voting have not voted in favour of it, or as a result of a decision made under section 61E(5) or (8) of the 1990 Act (neighbourhood development orders) ; or

(d) the order has been made (with or without modifications).

(4) The second section of Part 4 must contain copies of neighbourhood development orders which have been made by the authority and with respect to each such order—

(a) a copy of any accompanying plan or statement identifying the land to which the order relates;

(b) copies of any other accompanying plans or drawings;

(d) the date on which any subsequent approval is given which the order specifies is required;

(e) a copy of any planning obligation or section 278 agreement entered into in connection with any planning permission granted by the order; and

(f) in the case of a community right to build order, details of any enfranchisement rights which are not exercisable and the properties, or types of properties, in relation to which those rights are not exercisable.

(5) A reference in this article to a copy includes a reference to a copy in photographic or electronic form.

Register of enforcement and stop notices and other enforcement action

43

(1) A register under section 188 of the 1990 Act (register of enforcement and stop notices and other enforcement action) (“the enforcement register”) must contain the following information with respect to every planning enforcement order made in relation to land in the area of the authority maintaining the register —

(a) the address of the land to which the order relates or a plan by reference to which its situation can be ascertained;

(b) the name of the applying authority;

(d) the date on which the court's decision to make the order was given;

(e) the day which marks the beginning of the enforcement year for the order;

(f) the day which marks the end of that year;

(g) information on any postponement of the day which marks the beginning of the enforcement year for the order by reason of section 171BA(4) of the 1990 Act (time limits in cases involving concealment) and the date of the final determination or withdrawal of any application;

(h) the apparent breach of planning control identified in the order; and

(i) in relation to any enforcement notice issued or breach of condition notice served in respect of that breach, details of where in the register the information specified in paragraphs (2) and (3) in relation to that notice is to be found.

(2) The enforcement register must also contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the issuing authority;

(d) the date of service of copies of the notice;

(e) a statement or summary of the breach of planning control alleged and the requirements of the notice, including the period within which any required steps are to be taken;

(f) the date specified in the notice as the date on which it is to take effect;

(g) information on any postponement of the date specified as the date on which the notice will take effect by reason of section 175(4) of the 1990 Act (appeals: supplementary provisions) and the date of the final determination or withdrawal of any appeal;

(h) the date of service and, if applicable, of withdrawal of any stop notice referring to the enforcement notice, together with a statement or summary of the activity prohibited by any such stop notice; and

(i) the date, if any, on which the local planning authority are satisfied that steps required by the notice for a purpose mentioned in section 173(4)(b) of the 1990 Act (contents and effect of notice: remedying any injury to amenity) have been taken.

(3) The enforcement register must also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the serving authority;

(d) details of the relevant planning permission sufficient to enable it to be identified; and

(e) a statement or summary of the condition which has not been complied with and the requirements of the notice, including the period allowed for compliance.

(3A) The enforcement register must also contain the following information with respect to every enforcement warning notice issued in relation to the land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the issuing authority;

(d) the date of service of copies of the notice;

(e) a statement or summary of the breach of planning control alleged; and

(f) the date specified in the notice as the date by which an application for planning permission must be received.

(4) All entries relating to a planning enforcement order, enforcement notice, stop notice, breach of condition notice or enforcement warning notice must be removed as soon as reasonably practicable from the enforcement register if—

(a) in the case of a planning enforcement order, the order—

(i) is rescinded; or

(ii) the enforcement year for the order expires without enforcement action having been taken during that year;

(b) in the case of an enforcement notice or stop notice, the relevant enforcement notice is quashed by the Secretary of State or is withdrawn; ...

(d) in the case of an enforcement warning notice, the notice is quashed by a court.

(5) Every enforcement register must include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.

(6) Paragraph (7) applies where a magistrates' court make a planning enforcement order on the application of a county planning authority or a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice.

(7) The county planning authority must—

(a) supply the information specified in paragraph (1), (2) or (3), as the case may be, in relation to the order or notice to the district planning authority (if any) in whose area the land to which the order or notice relates is situated; and

(b) inform that authority if the order is rescinded or expires without enforcement action having been taken during the enforcement year for that order or the relevant enforcement notice or breach of condition notice is withdrawn or quashed.

(8) The information prescribed in paragraphs (1), (2) and (3) must be entered in the enforcement register as soon as practicable and in any event within 14 days of the occurrence to which it relates, and information must be supplied under paragraph (7) so that entries may be made within that period of 14 days.

(9) The enforcement register must either be kept at the principal office of the authority maintaining the enforcement register or that part of that register which relates to land in part of that authority's area must be kept at a place situated in or convenient to that part.

Part 10 — General

Development to include certain internal operations

44

(1) The amount specified under section 55(2A) of the 1990 Act (meaning of “development” and “new development”) is 200 square metres.

(2) The circumstances in which section 55(2) of the 1990 Act does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the floor space of the building by more than 200 square metres are that the building is used for the retail sale of goods other than hot food.

(3) In paragraph (2), the reference to a building used for the retail sale of goods includes a building used as a retail warehouse club, being a retail club where goods are sold, or displayed for sale, only to members who are members of that club.

Directions

45

Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

46

Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, that person must give notice in writing—

(a) withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Secretary of State or with a local planning authority for that purpose,

and such withdrawal or revocation takes effect on the date specified by the person in the notice but not less than 7 days after the date on which the notice is given.

Revocations, transitional provisions and savings

47

(1) The statutory instruments specified in the first column of the table in Schedule 9 are revoked, in so far as they apply to England, to the extent specified in the corresponding row of the third column of the table.

(2) In respect of an application for planning permission made before 15th April 2015, the following articles of this Order do not apply—

(i) article 15 (publicity for applications for planning permission)

(ii) article 16 (publicity for applications for planning permission within 10 metres of relevant railway land);

(iii) Schedule 3 (publicity for planning permission);

(iv) article 35 (written notice of determination relating to a planning application); and

(v) Schedule 4 (consultations before the grant of planning permission).

(3) In respect of an application for planning permission made before 15th April 2015, the following articles of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (“the 2010 Order”) apply as they applied immediately prior to 15th April 2015—

(i) article 13 (publicity for applications for planning permission);

(ii) article 31 (written notice of determination relating to a planning application);

(iii) Schedule 5 (consultations before the grant of planning permission); and

(iv) Schedule 6 (notification where planning permission refused or granted subject to conditions).

(4) In respect of an application for planning permission made before 15th April 2015, the following provisions of this Order should be read as if—

(i) the reference in article 35 of this Order to article 34 were a reference to article 29 in the 2010 Order;

(ii) the reference to article 15 in Schedule 3 of this Order were a reference to article 13 in the 2010 Order;

(iii) the references to articles 18, 19 and 20 in Schedule 4 of this Order were references to articles 16, 17 and 18 of the 2010 Order; and

(iv) the reference to article 35 in Schedule 5 of this Order were a reference to article 31 in the 2010 Order.

(5) In respect of an application for consent, agreement, or approval required by a condition or limitation attached to a grant of planning permission, where the application for the grant of planning permission was made before 15th April 2015—

(a) Part 5 of this Order does not apply; and

(b) article 30 of the 2010 Order applies as that article applied immediately prior to 15th April 2015.

(6) Paragraph (7) applies in respect of an application made before 1st June 2015 for development falling within paragraph (zc) of Schedule 5 to the 2010 Order.

(7) Where this paragraph applies—

(a) Schedule 4 of this Order should be read as if paragraph (zb) of the Schedule were a reference to paragraph (zc) of Schedule 5 to the 2010 Order;

(b) paragraph 1(k) ( interpretation of table) of Schedule 4 to this Order should be read as if it were a reference to paragraph 1(l) of (interpretation of table) in Schedule 5 to the 2010 Order; and

(c) the references in article 18(2) and 19(3) of this Order to paragraph (zb) of Schedule 4 to this Order should be read as if they are references to paragraph (zc) of Schedule 5 of the 2010 Order.

SCHEDULE 1 — Letter to be sent to applicant on receipt of application

SCHEDULE 2 — Notices under articles 13 and 36

SCHEDULE 3 — Publicity for applications for planning permission

SCHEDULE 4 — Consultations before the grant of permission

SCHEDULE 5 — Notification where planning permission refused or granted subject to conditions

SCHEDULE 6 — Deemed discharge: exemptions

SCHEDULE 7 — Notices under article 38

SCHEDULE 8 — Certificate of lawful use or development

SCHEDULE 9 — Revocations in relation to England

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis — Minister of State — 2015-03-18

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1990 c. 8; section 55(2A) and (2B) was inserted by section 49(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 61A(5) was inserted by section 40(1) of the 2004 Act, section 61W was inserted by section 122(1) of the Localism Act 2011 (c. 20) (“the 2011 Act”), section 62 was substituted by section 42(1) of the 2004 Act and amended by paragraph 5 of Schedule 12 to the 2011 Act. Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8), and paragraph 6 of Schedule 12 to the 2011 Act, section 69 was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to the 2004 Act and amended by section 190 of the Planning Act 2008 (c. 29) (“the 2008 Act”) (see section 69(9) for definition of “prescribed”) and by paragraph 7 of Schedule 12 to the 2011 Act. Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”), section 74 was amended by sections 19(1) and 84(6) of, and paragraph 17 of Schedule 7 and Part 1 of Schedule 19 to, the 1991 Act and paragraph 9 of Schedule 12 to the 2011 Act, section 74A was inserted by section 29 of the Infrastructure Act 2015 (c. 7), section 77(4) was amended by paragraph 18 of Schedule 7 to the 1991 Act, section 78 was amended by section 17(2) of the 1991 Act, sections 40(2)(e) and 43(2) of the 2004 Act, paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the 2008 Act, section 123 of the 2011 Act and paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) (“the 2013 Act”), section 79(4) was amended by paragraph 19 of Schedule 7 to the 1991 Act, section 188 was amended by section 84 of, paragraph 30 of Schedule 7 to, and Part 1 of Schedule 19 to, the 1991 Act, section 193 was substituted by section 10(1) of the 1991 Act, section 196(4) was amended by paragraph 33 of Schedule 7 to the 1991 Act and section 124(2) of the 2011 Act, section 293A was inserted by section 82(1) of the 2004 Act, paragraph 6 of Schedule 1 was amended by section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25), Paragraph 7 of Schedule 1 was substituted by paragraphs 1 and 16 of Schedule 6 to the 2004 Act and amended by paragraph 1 of Schedule 8 to the 2011 Act, Paragraph 8 of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the 1991 Act, and Schedule 4A was inserted by section 40(4) of, and Schedule 1 to, the 2004 Act and amended by sections 188 and 238 of, and Schedule 13 to, the 2008 Act and section 5 of the 2013 Act.

[^f00002]: 2004 c. 5.

[^f00003]: S.I. 2011/1824, amended by S.I. 2012/637, 2013/2140 and 2013/2879.

[^f00004]: 1990 c. 43; see section 78A(2) which was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86 of the Water Act 2003 (c.37).

[^f00005]: 2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00006]: 2010 c. 29.

[^f00007]: 1990 c. 9. Section 1 is amended by paragraph 8 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00008]: S.I. 1987/76. Part A of the Schedule was amended by S.I. 2005/84 and 2015/597.

[^f00009]: S.I. 2015/596.

[^f00010]: Section 106 was amended by section 12(1) of the Planning and Compensation Act 1991 (c. 34), section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 (c. 29) and paragraph 3 of Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00011]: 1980 c. 66.

[^f00012]: S.I. 2007/1842, regulation 15 was amended by S.I. 2012/1928.

[^f00013]: S.I. 2010/490, regulation 8 was amended by S.I. 2012/1927.

[^f00014]: 2008 c. 29.

[^f00015]: 1980 c. 66. Section 278 was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22).

[^f00016]: 1981 c.69. See section 28 which was substituted by section 75 of, and paragraph 5 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c.37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and section 148 of, and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00017]: Section 16 was amended by section 36 of, and paragraphs 21 and 24 of Schedule 2 to, the Planning Act 2008 (c. 29).

[^f00018]: 2015 c. 7.

[^f00019]: Section 19 was amended by section 21 of the New Roads and Street Works Act 1991 (c. 22).

[^f00020]: 1971 c. 80.

[^f00021]: Section 61W of the 1990 Act was inserted by section 122 of the Localism Act 2011 (c. 20) (“the 2011 Act”).

[^f00022]: Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the 2011 Act and S.I. 2013/2931.

[^f00023]: Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the 2004 Act and section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^f00024]: For the definition of “Crown land” see section 293 of the 1990 Act.

[^f00025]: Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00026]: See http:/whc.unesco.org/en/list

[^f00027]: Section 96A was inserted by section 190 of the Planning Act 2008 (c. 29).

[^f00028]: Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the Localism Act 2011 (c. 20) and by S.I. 2013/2931.

[^f00029]: Section 62 was substituted by section 42(1) of the 2004 Act.

[^f00030]: Paragraph 1(1) of Schedule1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^f00031]: Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8).

[^f00032]: 1981 c. 69; seesection 66. There are amendments to Part 3 which are not relevant to this Order.

[^f00033]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29) (“the 2008 Act”) and paragraph 10 of Schedule 12 to the Localism Act 2011 (c. 20) (“the 2011 Act”).

[^f00034]: Section 78 was amended by section 17(2) of the 1991 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the 2008 Act.

[^f00035]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00036]: Paragraph 7 of Schedule 1 was substituted by section 118(1) of, and paragraphs 1 and 16 of Schedule 6 to, the 2004 Act, and was amended by paragraph 3 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20) and paragraph 1 of Schedule 8 and Schedule 25 to the 2011 Act.

[^f00037]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00038]: Sections 91 and 92 were amended by section 51(1) of the 2004 Act and section 91 was subsequently amended by paragraph 13 of Schedule 12 to the Localism Act 2011 (c. 20); there have been other amendments to section 91 which are not relevant to this Order.

[^f00039]: S.I. 2015/596.

[^f00040]: Paragraph 4(2) of Schedule 1 was amended by sections 19(2) and 84 of, and paragraph 53 of Schedule7 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34).

[^f00041]: 1990 c. 9. Paragraph 3 of Schedule 4 was substituted by paragraph 61 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and amended by sections 78 and 120 of, and paragraph 33(7) of Schedule 10 and Schedule 24 to, the Environment Act 1995 (c. 25).

[^f00042]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00043]: Paragraph 8(1) of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to paragraph 8 which are not relevant to this Order.

[^f00044]: See article 6 of this Order.

[^f00045]: S.I. 2015/596.

[^f00046]: See section 74A(3) for the definition of deemed discharge.

[^f00047]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, section 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29).

[^f00048]: S.I. 2011/1824, amended by S.I. 2012/637, 2013/2140 and 2013/2879.

[^f00049]: Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^f00050]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991, section 40(2)(d) of the 2004 Act and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed and paragraph 18 of Schedule 12 to, the Localism Act 2011 (c. 20) (“the 2011 Act”).

[^f00051]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00052]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, section 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29).

[^f00053]: In relation to the period for determining an application for EIA development, seeS.I. 1999/293.

[^f00054]: Section 62 was substituted by section 42(1) of the 2004 Act.

[^f00055]: Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the 2011 Act and by S.I. 2013/2931.

[^f00056]: Section 71(1) was substituted by section 16(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00057]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act, paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29), and paragraph 11 of Schedule 12 to the Localism Act 2011 (c. 20).

[^f00058]: There are amendments to section 321 which are not relevant to this Order.

[^f00059]: Section 293A was inserted by section 82(1) the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00060]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, section 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29).

[^f00061]: Seesection 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00062]: Seesection 1(1) of the Environment Act 1995 (c. 25).

[^f00063]: Seesection 32 of the National Heritage Act 1983 (c. 47). This body is also known as the Historic Buildings and Monuments Commission for England.

[^f00064]: A body appointed under section 1 of the Infrastructure Act 2015 (c. 7).

[^f00065]: 2003 c. 21.

[^f00066]: See section 1l of the National Health Service Act 2006 (c. 41).

[^f00067]: See section 1h of the National Health Service Act 2006 (c. 41).

[^f00068]: 1989 c. 29; section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27), subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c. 20) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004.

[^f00069]: 1986 c. 44; section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and subsection (2) was amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Part 1 of Schedule 6 to, the Utilities Act 2000 and by S.I. 2011/2704.

[^f00070]: See sections 4 to 12 of the Equality Act 2010 (c.15).

[^f00071]: S.I. 2011/1824, amended by S.I. 2012/637, 2013/2140 and 2013/2879.

[^f00072]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and section 191 has been amended by section 124(3) of the Localism Act 2011 (c. 20). There are other amendments to section 191 which are not relevant to this Order.

[^f00073]: For the definition of “Crown land” see section 293 of the 1990 Act.

[^f00074]: Section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and paragraphs 1 and 3 of Schedule 11 to the Planning Act 2008 (c. 29) and is to be amended by paragraphs 1 and 7 of Schedule 10 to the Planning Act 2008 on a date to be appointed).

[^f00075]: Section 193 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00076]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00077]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), section 40(2)(d) of the 2004 Act and paragraph 10 of Schedule 12 to the Localism Act 2011 (c. 20) (“the 2011 Act) and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed.

[^f00078]: Section 174 was amended by section 6(1) and 84(6) of, and paragraph 22 of Schedule 7 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and S.I. 2003/956.

[^f00079]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and section 191 has been amended by section 124(3) of the 2011 Act. There are other amendments to section 191 which are not relevant to this Order.

[^f00080]: Section 83 and Schedule 7 were amended by section 84(6) of, and Schedule 5 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34), section 18(1) of, and paragraph 29 of Schedule 3 to, the Tribunals and Inquiries Act 1992 (c. 53), paragraphs 9 and 11 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by S.I. 2013/2042. Section 83 and Schedule 7 are to be amended by section 45 and 120 of, and Schedule 9 to, the 2004 Act and by section 237 of, and Part 16 of Schedule 25 to, the 2011 Act, on a date to be appointed. Prospectively substituted paragraph 12(1A) was amended by paragraph 4 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

[^f00081]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400), paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29), paragraphs 1 and 11 of Schedule 12 to the 2011 Act and paragraphs 1 and 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) .

[^f00082]: Section 288 was amended by paragraph 25 of Schedule 3 to the Tribunals and Inquiries Act 1992 (c. 53).

[^f00083]: Schedule 4B was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 (c. 20) (“the 2011 Act”) and has been amended by S.I. 2013/2597.

[^f00084]: Section 61E was inserted by section 116 of, and Schedule 9 to, the 2011 Act.

[^f00085]: Section 188 was amended by paragraphs 8 and 30 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and section 124(2) of the 2011 Act.

[^f00086]: Section 188(1) of the 1990 Act specifies those authorities which must keep a register.

[^f00087]: Section 171BA(4) was inserted by section 124(1) of the 2011 Act.

[^f00088]: Section 175(4) was amended by section 6(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00089]: Section 173 was substituted by section 5 of the Planning and Compensation Act 1991 (c. 34).

[^f00090]: Section 55(2A) was inserted by section 49(1) of the 2004 Act.

[^f00091]: S.I. 2010/2184, amended by S.I. 2011/1824, 2012/636, 2012/2274, 2012/3109, 2013/235, 2013/1238, 2013/2136, 2013/2879, 2013/2932, 2013/3194, 2014/469, 2014/564 and 2014/1532.

Editorial notes

[^c22463561]: 1990 c. 8; section 55(2A) and (2B) was inserted by section 49(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 61A(5) was inserted by section 40(1) of the 2004 Act, section 61W was inserted by section 122(1) of the Localism Act 2011 (c. 20) (“the 2011 Act”), section 62 was substituted by section 42(1) of the 2004 Act and amended by paragraph 5 of Schedule 12 to the 2011 Act. Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8), and paragraph 6 of Schedule 12 to the 2011 Act, section 69 was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to the 2004 Act and amended by section 190 of the Planning Act 2008 (c. 29) (“the 2008 Act”) (see section 69(9) for definition of “prescribed”) and by paragraph 7 of Schedule 12 to the 2011 Act. Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”), section 74 was amended by sections 19(1) and 84(6) of, and paragraph 17 of Schedule 7 and Part 1 of Schedule 19 to, the 1991 Act and paragraph 9 of Schedule 12 to the 2011 Act, section 74A was inserted by section 29 of the Infrastructure Act 2015 (c. 7), section 77(4) was amended by paragraph 18 of Schedule 7 to the 1991 Act, section 78 was amended by section 17(2) of the 1991 Act, sections 40(2)(e) and 43(2) of the 2004 Act, paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the 2008 Act, section 123 of the 2011 Act and paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) (“the 2013 Act”), section 79(4) was amended by paragraph 19 of Schedule 7 to the 1991 Act, section 188 was amended by section 84 of, paragraph 30 of Schedule 7 to, and Part 1 of Schedule 19 to, the 1991 Act, section 193 was substituted by section 10(1) of the 1991 Act, section 196(4) was amended by paragraph 33 of Schedule 7 to the 1991 Act and section 124(2) of the 2011 Act, section 293A was inserted by section 82(1) of the 2004 Act, paragraph 6 of Schedule 1 was amended by section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25), Paragraph 7 of Schedule 1 was substituted by paragraphs 1 and 16 of Schedule 6 to the 2004 Act and amended by paragraph 1 of Schedule 8 to the 2011 Act, Paragraph 8 of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the 1991 Act, and Schedule 4A was inserted by section 40(4) of, and Schedule 1 to, the 2004 Act and amended by sections 188 and 238 of, and Schedule 13 to, the 2008 Act and section 5 of the 2013 Act.

[^c22463571]: 2004 c. 5.

[^c22463591]: 1990 c. 43; see section 78A(2) which was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86 of the Water Act 2003 (c.37).

[^c22463601]: 2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^c22463611]: 2010 c. 29.

[^c22463621]: 1990 c. 9. Section 1 is amended by paragraph 8 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^c22463631]: S.I. 1987/76. Part A of the Schedule was amended by S.I. 2005/84 and 2015/597.

[^c22463641]: S.I. 2015/596.

[^c22463651]: Section 106 was amended by section 12(1) of the Planning and Compensation Act 1991 (c. 34), section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 (c. 29) and paragraph 3 of Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).

[^c22463661]: 1980 c. 66.

[^c22463691]: 2008 c. 29.

[^c22463701]: 1980 c. 66. Section 278 was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22).

[^c22463711]: 1981 c.69. See section 28 which was substituted by section 75 of, and paragraph 5 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c.37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and section 148 of, and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^c22463721]: Section 16 was amended by section 36 of, and paragraphs 21 and 24 of Schedule 2 to, the Planning Act 2008 (c. 29).

[^c22463731]: 2015 c. 7.

[^c22463741]: Section 19 was amended by section 21 of the New Roads and Street Works Act 1991 (c. 22).

[^c22463761]: Section 61W of the 1990 Act was inserted by section 122 of the Localism Act 2011 (c. 20) (“the 2011 Act”).

[^c22463771]: Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the 2011 Act and S.I. 2013/2931.

[^c22463781]: Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the 2004 Act and section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^c22463791]: For the definition of “Crown land” see section 293 of the 1990 Act.

[^c22463801]: Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5).

[^c22463811]: See http:/whc.unesco.org/en/list

[^c22463821]: Section 96A was inserted by section 190 of the Planning Act 2008 (c. 29).

[^c22463831]: Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the Localism Act 2011 (c. 20) and by S.I. 2013/2931.

[^c22463841]: Section 62 was substituted by section 42(1) of the 2004 Act.

[^c22463851]: Paragraph 1(1) of Schedule1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^c22463861]: Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8).

[^c22463871]: 1981 c. 69; seesection 66. There are amendments to Part 3 which are not relevant to this Order.

[^c22463881]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29) (“the 2008 Act”) and paragraph 10 of Schedule 12 to the Localism Act 2011 (c. 20) (“the 2011 Act”).

[^c22463891]: Section 78 was amended by section 17(2) of the 1991 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, seeS.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the 2008 Act.

[^c22463911]: Paragraph 7 of Schedule 1 was substituted by section 118(1) of, and paragraphs 1 and 16 of Schedule 6 to, the 2004 Act, and was amended by paragraph 3 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20) and paragraph 1 of Schedule 8 and Schedule 25 to the 2011 Act.

[^c22463931]: Sections 91 and 92 were amended by section 51(1) of the 2004 Act and section 91 was subsequently amended by paragraph 13 of Schedule 12 to the Localism Act 2011 (c. 20); there have been other amendments to section 91 which are not relevant to this Order.

[^c22463941]: S.I. 2015/596.

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