Planning Applications (s62A)

Where a Local Planning Authority is designated, eligible applications can, if the applicant chooses, be made directly to the Secretary of State. The Planning Inspectorate will handle the applications on their behalf.

Current designations

Uttlesford District Council are designated under Section 62A of the Town and Country Planning Act 1990 for applications for major development. This designation came into effect from 09:00 on 8 February 2022 and shall remain in force until revoked.

Fareham Borough Council are designated under Section 62A of the Town and Country Planning Act 1990 for applications for major development. This designation came into effect from 09:00 on 19 December 2023 and shall remain in force until revoked.

Chorley Council are designated under Section 62A of the Town and Country Planning Act 1990 for applications for major development. This designation came into effect from 09:00 on 19 December 2023 and shall remain in force until revoked.

Will all applications in the designated Authorities be submitted to the Secretary of State?

No, not all applications will come to the Secretary of State. The applicant has the freedom of choice of whether to make an application to the Local Planning Authority or to apply to the Planning Inspectorate.

Will Councils always be subject to this form of designation?

It is not expected that local authorities will always be designated. If their performance improves then the designation may be removed. Designations will be reviewed annually by the Department for Levelling Up, Housing and Communities. Some Local Planning Authorities may remain designated, others will be de-designated. Similarly, other Local Planning Authorities may become subject to designation in later years.

What type of application can be made?

Only applications for the type of development for which the local planning authority has been designated can be made to the Secretary of State through these provisions.

Major (district) development is:

• for housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more
• the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
• development carried out on a site having an area of 1 hectare or more.

Non-major development is development that does not meet/exceed any of the thresholds above.

County Matter development is:

• the winning and working of minerals or the use of land for mineral-working deposits: or
• waste development.

There are a number of types of planning applications that cannot be submitted to the Planning Inspectorate under section 62A. These include:

• applications where the development has already been carried out (retrospective applications);
• householder applications; and
• applications for development without complying with conditions (applications to vary or remove conditions).

Procedural Guidance

For a detailed explanation of the application and pre-application process.