Planning, Development and Infrastructure Act 2016

In a case where proposed development is to be assessed as code assessed development and the development cannot be assessed, or fully assessed, as deemed‑to‑satisfy development, the development will be assessed on its merits against the Planning

In connection with subsection (1)—

to the extent that 1 or more elements of the proposed development may be classified as deemed‑to‑satisfy under the Planning and Design Code (if any)—that part of the development will be taken to have been granted planning consent; and

to the extent that paragraph (a) does not apply (including on the basis that that paragraph does not apply at all)—the development will be assessed on its merits against the Planning and Design Code; and

to the extent that paragraph (b) applies—the development must not be granted planning consent if it is, in the opinion of the relevant authority, seriously at variance with the Planning and Design Code (disregarding minor variations).

If a proposed development is to be assessed under this section—

subject to a decision of a relevant authority made in accordance with a practice direction, notice of the application for planning consent must be given, in accordance with the regulations, to—

an owner or occupier of each piece of adjacent land; and

members of the public by notice placed on the relevant land; and

a person may, in accordance with the regulations and within a period prescribed by the regulations, make representations to the relevant authority in relation to the granting or refusal of planning consent; and

if a representation is made under paragraph (b) (being a representation received in accordance with the regulations and within a period prescribed by the regulations), the relevant authority must forward to the applicant a copy of the representation and allow the applicant to respond, in accordance with the regulations and within a period prescribed by the regulations, to those representations.

The subject matter of—

any notice required under subsection (3)(a);

any representation under subsection (3)(b), must be limited to what should be the decision of the relevant authority as to planning consent in relation to the performance based elements of the development as assessed on its merits (and a relevant authority should limit the matters that it will take into account in the same way).

In addition, a representation that is not made in accordance with any requirement prescribed by the regulations for the purposes of this section is not required to be taken into account under this section.

The

A planning consent under this section will apply subject to conditions imposed under this Act and subject to such conditions or exceptions as may be prescribed by the regulations or the Planning and Design

To avoid doubt, the fact that 1 or more elements of a proposed development may be classified as deemed‑to‑satisfy does not prevent a relevant authority deciding not to grant planning consent on account of the assessment of the balance of the development under this section.

A practice direction may specify the form of any notice to be given under this section.

Nothing in this section requires the assessment of an element of a development that may be classified as accepted development