Moved by
Baroness Williams of Trafford
10: Clause 150, page 77, line 27, leave out from beginning to end of line 6 on page 78 and insert—
“(4) Permission in principle granted by a development order takes effect—
(a) when the qualifying document takes effect, if the land in question is allocated for development in the document at that time;
(b) otherwise, when the qualifying document is revised so that the land in question is allocated for development.
But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction.
(5) For the purposes of subsection (4)(a)—
(a) a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;
(b) a development plan document takes effect when it is adopted or approved under Part 2 of the 2004 Act;
(c) a neighbourhood development plan takes effect when it is made by the local planning authority.
(6) Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.
(7) Permission in principle granted by a development order ceases to have effect on the expiration of—
(a) five years beginning with the date on which it takes effect; or
(b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
(8) Permission in principle granted by a local planning authority ceases to have effect on the expiration of—
(a) three years beginning with the date on which it takes effect; or
(b) such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
(9) The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there.
(10) A development order—
(a) may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;
(b) may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order.
(11) In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations.
(12) In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State.
(13) In relation to an application for permission in principle which under any provision of this Part is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.””