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Section 40: Development by local authorities and statutory undertakers with authorisation of government department

Town and Country Planning Act 1971 · 1971 c. 78View on legislation.gov.uk

Part III: General Planning Control

Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

The provisions of this Act (except Parts VII and XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 35 of this Act.

For the purposes of this section development shall be taken to be authorised by a government department if—

any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose ;
authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or
any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the authorisation of a government department shall be construed accordingly.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.