Statutory Instrument 2002 No. 828

The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002

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© Crown Copyright 2002

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"the 1995 Order" means the Town and Country Planning (General Development Procedure) Order 1995[2].

Changes to article 1: Interpretation
     3. In article 1(2) of the 1995 Order - 

(a) after the definition of "outline planning permission" insert - 

" "planning obligation" means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the Act[3];"; and

(b) after the definition of "reserved matters" insert - 

" "section 278 agreement" means an agreement entered into pursuant to section 278 of the Highways Act 1980[4];".

Changes to article 25: Register of applications
     4. In article 25 of the 1995 Order - 

    (1) Delete paragraph (3) and substitute the following - 

    " (3) Part I of the register shall 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) of the application together with any accompanying plans and drawings;

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

(c) a copy (which may be photographic) 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 I of the register in accordance with sub-paragraphs (b) and (c) above."

    (2) After paragraph (4)(e) insert - 

" (f) a copy (which may be photographic) 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) 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 II of the register in accordance with sub-paragraphs (f) and (g) above and paragraph (5) below.".

    (3) In paragraph (5) after "effect of the Secretary of State's decision" insert - 

" together with a copy (which may be photographic) 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.".

Signed by authority of the Secretary of State for Transport, Local Government and the Regions.


Falconer
Minister of State, Department for Transport, Local Government and the Regions

26th March 2002

[2] S.I. 1995/419; to which there are amendments not relevant to this Order.back

[3] Section 106 was substituted by section 12 of the Planning and Compensation Act 1991 (c. 34).back

[4] 1980 c. 66, this section was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22), there are other amendments not relevant to this Order.back