Section 85: Power in relation to the provision of planning data, Levelling-up and Regeneration Act 2023

A relevant planning authority may by publishing a notice require a person, or persons of a particular description, in providing to the authority such planning data as is specified or described in planning data regulations, to provide the data—

in any form and manner, or

in a particular form and manner,

which complies with any approved data standards which are applicable.

A relevant planning authority may not impose a requirement under subsection (1)—

on the Crown,

on a court or tribunal, or

in relation to the provision of planning data for the purposes of, or in contemplation of, legal proceedings before a court or tribunal.

If a relevant planning authority imposes a requirement under subsection (1) on a person, provision in a relevant planning enactment does not apply to the extent that it requires or permits the person to provide the planning data to the authority in a form or manner which is inconsistent with the requirement imposed under subsection (1).

Subsections (5) to (7) apply if—

in providing planning data to a relevant planning authority, a person fails to comply with a requirement imposed under subsection (1), and

the authority does not consider that the person has a reasonable excuse for the failure.

The authority may serve a notice on the person rejecting for such purposes as may be specified in the notice—

all or any part of the planning data, and

if the authority considers it appropriate to do so, any other information provided with the planning data or any document in or with which the planning data is provided.

Any planning data, other information or document rejected under subsection (5) is to be treated as not having been provided to the authority for the purposes specified in the notice.

If the planning data, other information or document is subsequently provided to the authority in a form and manner which complies with the requirement under subsection (1), the authority may treat the planning data, other information or document as having been provided at the time that it would have been provided had it not been rejected under subsection (5).

Planning data regulations may include provision about how the powers in this section are to be exercised, including provision about—

the provision or publication of notices or other documents;

the form and content of notices or other documents (and, for these purposes, the regulations may confer a discretion on a relevant planning authority);

time limits;

any other procedural matters.

Section 85: Power in relation to the provision of planning data

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