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Link to original content: http://www.legislation.gov.uk/ukpga/1990/8/section/70/2016-01-04
Version Superseded: 01/03/2016
Point in time view as at 04/01/2016. This version of this provision has been superseded.
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(1)Where an application is made to a local planning authority for planning permission—
F1(a)subject to [F2section 62D(5) and] sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or
F1(b)they may refuse planning permission.
(2)In dealing with such an application the authority shall have regard [F3to—
(a)the provisions of the development plan, so far as material to the application,
[F4(aa)any considerations relating to the use of the Welsh language, so far as material to the application;]
(b)any local finance considerations, so far as material to the application, and
(c)any other material considerations.]
[F5(2ZA)Subsection (2)(aa) applies only in relation to Wales.]
[F6(2A)Subsection (2)(b) does not apply in relation to Wales.]
(3)Subsection (1) has effect subject to [F7section 65] and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the M1Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the M2Health Services Act 1976.
[F8(4)In this section—
“local finance consideration” means—
a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or
sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“relevant authority” means—
a district council;
a county council in England;
the Mayor of London;
the council of a London borough;
a Mayoral development corporation;
an urban development corporation;
a housing action trust;
the Council of the Isles of Scilly;
the Broads Authority;
a National Park authority in England;
the Homes and Communities Agency; or
a joint committee established under section 29 of the Planning and Compulsory Purchase Act 2004.]
Textual Amendments
F1S. 70(1)(a)(b): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
F2Words in s. 70(1)(a) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 5
F3Words in s. 70(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(2), 240(1)(i) (with ss. 143(5), 144)
F4S. 70(2)(aa) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(2), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)
F5S. 70(2ZA) inserted (6.9.2015 for specified purposes, 4.1.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 31(3), 58(2)(b)(4)(b) (with s. 31(4)); S.I. 2015/1987, art. 3(e)
F6S. 70(2A) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(3), 240(1)(i) (with ss. 143(5), 144)
F7Words in s. 70(3) substituted (17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.14 (with s. 84(5)); S.I. 1992/1491, art. 2, Sch. 1
F8S. 70(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 143(4), 240(1)(i) (with ss. 143(5), 144)
Modifications etc. (not altering text)
C1S. 70 modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 19 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4,, Sch. 2
S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I
S. 70 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II
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