OpenLegislation

Section 253 Procedure in anticipation of planning permission.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where—

(a)

the Secretary of State F1or the council of a London borough would, if planning permission for any development had been granted F2..., have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, F3...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, notwithstanding that such permission has not been granted, the Secretary of State F4or, as the case may be, the council of the London borough may publish notice of the draft of such an order in accordance with section 252.

F5(1A)

Where—

(a)

the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

(b)

subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.

(2)

This subsection applies where the relevant development is the subject of an application for planning permission and either—

(a)

that application is made by a local authority F6National Park authority or statutory undertakers F7. . .; or

F8(aa)

that application has been made to the Welsh Ministers under section F9... 62M or 62O; or

(b)

that application stands referred to the F10Welsh Ministers in pursuance of a direction under section 77; or

(c)

the applicant has appealed to the Welsh Ministers under section 78 against a refusal of planning permission or of approval required under a development order F11or a local development order or against a condition of any such permission or approval.

(3)

This subsection applies where—

(a)

the relevant development is to be carried out by a local authority National Park authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and

(b)

the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.

(4)

This subsection applies where the council of a county F12or county borough, a National Park authority or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.

(5)

Section 252(8) shall not be construed as authorising the Secretary of State F13, the council of a London borough or the Welsh Ministers to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) F14or, as the case may be, (1A) until planning permission is granted for the development which occasions the making of the order.

Annotations

Textual amendments

F1

Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F2

Words in s. 253(1)(a) omitted (1.5.2025) by virtue of The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(11)

F3

S. 253(1)(b) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 11(2), 35(3)

F4

Words in s. 253(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 8(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F5

S. 253(1A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(3), 35(3)

F6

Words in s. 253(2)(a)(3)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(8)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F7

Words in s. 253(2)(a) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 39(1), Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F8

S. 253(2)(aa) inserted (W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 13

F9

Words in s. 253(2)(aa) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(16) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F10

Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(a), 35(3)

F11

Words in s. 253(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(4)(b), 35(3)

F12

Words in s. 253(4) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(5), 35(3)

F13

Words in s. 253(5) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(a), 35(3)

F14

Words in s. 253(5) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 11(6)(b), 35(3)