{
  "url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017/article-5B",
  "json_url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017/article-5B.json",
  "legislation": "uksi/2017/402",
  "legislation_title": "The Town and Country Planning (Permission in Principle) Order 2017",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017",
  "path": "article/5B",
  "kind": "article",
  "number": "5B",
  "heading": "Exemption of certain developments",
  "text": "(1) A local planning authority may not grant permission in principle, on an application to the authority, in relation to development which is—\n(a) major development;\n(b) habitats development;\n(c) householder development; or\n(d) Schedule 1 development.\n(2) A local planning authority may not grant permission in principle, on an application to the authority, in relation to Schedule 2 development unless—\n(a) the local planning authority has adopted a screening opinion under regulation 6 of the EIA Regulations that the development (up to and including the maximum net number of dwellings) is not EIA development;\n(b) the Secretary of State has made a screening direction under regulation 7 of the EIA Regulations that the development is not EIA development; or\n(c) the Secretary of State has made a direction under regulation 63 of the EIA Regulations that the development is exempted from the application of those Regulations.\n(3) Where it appears to the local planning authority that—\n(a) an application for permission in principle which is before them for determination may be Schedule 2 development; and\n(b) the development in question has not been the subject of a screening opinion or screening direction,\nparagraphs (5) and (6) of regulation 6 of the EIA Regulations apply as if the receipt of the application were a request made under regulation 6(1) of those Regulations.\n(4) For the purposes of paragraphs (2) and (3), the EIA Regulations have effect in relation to applications for permission in principle as if the reference to an application for planning permission in Part 2 (screening) and in regulation 63 of the EIA Regulations were a reference to an application for permission in principle.\n(5) In this article—\n“competent authority” has the meaning given by regulation 7 of the Conservation of Habitats and Species Regulations 2017;\n“EIA development” has the same meaning as in regulation 2 of the EIA Regulations;\n“EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;\n“European offshore marine site” has the meaning given in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;\n“European site” has the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017;\n“habitats development” means development—\n(a)which is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of the site; and\n(b)for which the competent authority has not given consent, permission, or other authorisation in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017 (Assessment of implications for European sites and European offshore marine sites);\n“house” does not include a building containing one or more flats, or a flat contained within such a building;\n“householder development” means development of an existing dwelling, or development within the curtilage of such a dwelling for any purpose incidental to the enjoyment of the dwelling, but does not include change of use or change in the number of dwellings in a building;\n“major development” means development involving any one or more of the following—\n(a)the provision of dwellings where the number of houses to be provided is 10 or more;\n(b)the provision of a building or buildings where the floor space to be created is 1,000 square metres or more; or\n(c)development carried out on a site having an area of 1 hectare or more;\n“maximum net number of dwellings” has the same meaning as in article 5A; and\n“Schedule 1 development” and “Schedule 2 development” have the same meanings as in regulation 2 of the EIA Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 2A inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 4"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 5B(5) inserted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 4(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 5B(5) substituted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 4(2)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/402/article/5B",
    "retrieved_at": "2026-10-28T23:12:43.491845+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}