Commentary on Sections Promoting growth and facilitating provisions of infrastructure, and related matters Section 5: Limits on power to require information with planning applications
39.Section 5 introduces a new provision into section 62 of the 1990 Act which introduces limits on local planning authorities’ power to require information with planning applications. The limits are defined as: (1) information requests must be reasonable having regard to the nature and scale of the proposed development; and (2) it being reasonable to think that the subject-matter of the information will be a material consideration in the determination of the application in question.