Housing action trust planning control HA 1988 s. 66
HA 1988 s. 66 allows a Housing Action Trust to submit development proposals directly to the Secretary of State, who may approve them and grant permission.
A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification. Without prejudice to the generality of the powers conferred by sections 59 to 61 of the 1990 Act , a special development order made by the Secretary of State under section 59 with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order. The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest). Any reference in this section to the local planning authority,— in relation to land in ... Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with sections 1 and 2 of the 1990 Act ; and in relation to other land in England , is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act ) to the county planning authority.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a Housing Action Trust to bypass standard local planning application procedures for developing land within its designated area. Instead of applying to the local council, the trust submits its development proposals directly to the Secretary of State. The Secretary of State must consult the relevant local planning authority and any other concerned local authority before approving or modifying the proposals.
Planning permission for the approved proposals can then be granted directly through a special development order made under section 59 of the 1990 Act. This order may attach conditions to the permission, such as requiring detailed site plans to be submitted to the local planning authority.
The Secretary of State is required to issue directions to the trust regarding how it disposes of or develops land to ensure the preservation of listed buildings and features of special architectural or historical interest.
When it applies
- A Housing Action Trust submitting major redevelopment plans directly to the Secretary of State rather than applying through the local council planning committee.
- The Secretary of State issuing a special development order that grants planning permission for trust proposals while requiring specific detailing to be submitted to the local council.
- The Secretary of State issuing binding directions to a Housing Action Trust to protect listed buildings during estate development.
What this section does not say
- Standard planning applications submitted by private developers or individual householders, which are governed by general planning law under the 1990 Act.
- The transfer of local authority housing stock or property to a Housing Action Trust.
- Making a Housing Action Trust the local planning authority for its designated area.
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This page reproduces the text of HA 1988 s. 66 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.