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

• Citation: S.I. 2017/276
• Sections: 5

Section 1 Citation and commencement

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

Section 2 Consequential amendment to the Local Government Act 1972

(1) Schedule 12A to the Local Government Act 1972 is amended as follows.

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

Section 3 Consequential amendment to the Town and Country Planning Act 1990

(1) The Town and Country Planning Act 1990 is amended as follows.

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The Planning (Hazardous Substances) Act 1990 is amended as follows.

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

Section 5 Amendment to the Commons Act 2006

(1) Schedule 1A (exclusion of right under section 15) to the Commons Act 2006 is amended as follows.

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

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

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