Sections 62A to 62C of the Town and Country Planning Act 1990 were inserted by section 1 of the Growth and Infrastructure Act 2013. These provisions give the Secretary of State power to “designate” a local planning authority (“LPA”) if its performance in handling planning applications for major development has fallen below a defined standard. To date, only one LPA has been put into “special measures” in this way.
The statutory period for the determination of a planning application for major development is 13 weeks, extended to 16 weeks where an environmental impact assessment is required, or such longer period as has been agreed in writing with the applicant. A LPA may be designated by the Secretary of State if it fails to match criteria published from time to time in relation to the percentage of its decisions made in respect of such planning applications within the statutory period, and the percentage of its decisions overturned on appeal.
Crucially, the provisions also give an intended applicant for planning permission for a major development a choice when the LPA has been designated. It may still make the application to the LPA, or it may make the application to the Secretary of State direct. (This applies also in the case of an application for approval of reserved matters.) Obviously, if it opts for the latter there will be no right of appeal; only a legal challenge in the High Court will be available.
Where such an application is made to the Secretary of State, the relevant procedures are to be found in the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (“the 2013 Order”). This covers matters such as the form that the application must take, design and access statements, notification and publicity, consultation, information to be given to and by the designated LPA, the time period for making a decision, and requirements as to publication of that decision.
On 15 April 2015, the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Amendment Order 2015 came into force. This amends the 2013 Order in a small number of ways, and in particular places an obligation on the Secretary of State, where he imposes a condition on granting planning permission that requires a particular matter to be dealt with before development commences, to provide reasons in his decision notice.
John Martin
