Article 5 Substitution of article 6

For article 6 (planning register: permission in principle) of the 2017 Order substitute—

“6.

(1)

The planning register kept by each local planning register authority must also include, as Part 2A, a part relating to permissions in principle.

(2)

Part 2A of the planning register must consist of three sections—

(a)

the first section must contain, in respect of every permission in principle granted pursuant to article 4 (permission in principle on allocation of land in a brownfield land register) in relation to land in the area of the local planning register authority—

(i)

a copy (which may be photographic or in electronic form) of the entry in the brownfield land register which relates to the land;

(ii)

the date the permission in principle takes effect and the date it expires; and

(iii)

the name of the local planning authority which allocated the land in the brownfield land register;

(b)

the second section must contain, in respect of every application for permission in principle relating to land in the area of the local planning register authority made or sent to the authority and not finally disposed of, a copy (which may be photographic or in electronic form) of each application together with any accompanying plan and drawings; and

(c)

the third section must contain, in respect of every application for permission in principle relating to land in the area of the local planning register authority which has been finally disposed of—

(i)

a copy (which may be photographic or in electronic form) of the application and of any plans and drawings submitted in relation to it;

(ii)

particulars of any direction given under the 1990 Act or this Order in respect of the application;

(iii)

the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority; and

(iv)

the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal, on an application under section 293A(2) of the 1990 Act (urgent Crown development: application) or on a reference under section 77 of the 1990 Act (reference of applications to Secretary of State).

(3)

Subject to paragraph (4), every entry in Part 2A of the planning register must be made—

(a)

in the case of entries required under paragraph (2)(a), within 14 days of entering the land into Part 2 of the brownfield land register; and

(b)

in the case of entries required under paragraph (2)(b) or (c), within 14 days of the receipt of an application, or of the giving or making of the relevant direction or decision, as the case may be.

(4)

A copy of any application for permission in principle made under section 293A(2) of the 1990 Act (urgent Crown development: application) and of any plans and drawings submitted in relation to it must be placed on Part 2A of the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.

(5)

For the purposes of paragraph (2), an application is not treated as finally disposed of unless and until—

(a)

it has been decided by the authority (or the period specified in article 5S has expired without their giving a decision) and the time limit specified in article 5V has expired without any appeal having been made to the Secretary of State;

(b)

it has been referred to the Secretary of State under section 77 of the 1990 Act (reference of applications to the Secretary of State) or an appeal has been made to the Secretary of State under section 78 of the 1990 Act^f1, the Secretary of State has issued a decision and the period of 6 weeks specified in section 288 of the 1990 Act^f2 has expired without any application having been made to the High Court under that section;

(c)

an application has been made to the High Court under section 288 of the 1990 Act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under section 288 of that Act); or

(d)

it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued a decision.

(6)

In this article—

• “local planning register authority” has the same meaning as in article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015^f3; and

• “planning register” means the register kept by a local planning register authority under article 40 of that Order.”.