Decision details

To provide comments to a government consultation relating to Section 77 of the Town and Country Planning Act 1990 (TCPA 1990) empowering the Secretary of State to make directions requiring applications for planning permission, to be referred to him for determination (‘called in’) instead of being dealt with by Local Planning Authorities ( LPAs). The comments are set out in the attached response document.

To allow NYC to submit comments to the consultation. Where an LPA is minded to grant permission for a planning application of a kind specified by this Direction, the LPA must first consult the Secretary of State. When consulted, the Secretary of State will then go on to consider whether or not to then call in the application for his own determination.

Government has already announced its intention to issue a new direction requiring consultation with the Secretary of State in respect of an application for 150 or more homes which an LPA is minded to refuse. This consultation seeks views on 3 further proposals for consultation requirements.

This consultation is set out in 3 sections:
1. A new proposal for a requirement to consult the Secretary of State where LPAs are minded to refuse planning permission for specified commercial development.
2. A new proposal for a requirement to consult the Secretary of State on certain applications relating to nuclear facilities where LPAs are minded to refuse planning permission; and
3. A new proposal for a requirement to consult the Secretary of State whereby applications for planning permission for residential development within a Defence Detailed Emergency Planning Zone where the Office for Nuclear Regulation and / or a Local Authority’s Emergency Planning Team has made (and not withdrawn) an objection, where the LPA are minded to grant permission. This requirement would have a limited geographical extent (4 LPAs).

Don’t submit comments.