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Section 99: Procedure for s. 97 orders: unopposed cases.

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

This section applies where—

the local planning authority have made an order under section 97; and
the owner and the occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to it.

Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—

the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and
the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.

The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).

The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.

The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).

The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.

If—

no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
the Secretary of State has not directed within that period that the order be submitted to him for confirmation,

the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).

This section does not apply—

to an order revoking or modifying a planning permission or permission in principle granted or deemed to have been granted by the Secretary of State or the Welsh Ministers under this Part or Part VII or by the Secretary of State under Part 13, or
to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.

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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.