OpenLegislation

Section 86 Power to require certain planning data to be made publicly availableI1I2

United Kingdom

(1)

Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence.

(2)

The power under subsection (1) does not include power to require a relevant planning authority to make planning data available in breach of—

(a)

any obligation of confidence owed by the authority, or

(b)

any other restriction on making the planning data available (however imposed).

(3)

An “approved open licence”, in relation to a planning authority’s planning data, means a licence—

(a)

which sets out terms and conditions under which the planning data may be used by the public free of charge, and

(b)

which is in such form and has such content as is, for the time being, specified or described in a document published by the Secretary of State.

Annotations

Commencement

I1

S. 86 not in force at Royal Assent, see s. 255(3)(b)

I2

S. 86 in force at 31.3.2024 by S.I. 2024/389, reg. 2(c)

Notes on Chapter 1

Modifications

C1

Pt. 3 Ch. 1: functions in part to be exercisable concurrently by the Secretary of State and the Scottish Ministers (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 3 (with art. 4(1))