The Town and Country Planning (Development Management Procedure) (England) Order 2010

• (2) The time limit mentioned in paragraph (1) is—

• (a) in the case of a householder appeal, other than a type A or a type B appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal;

• (b) in the case of a type A appeal, 28 days from—

• (i) the date of the notice of the decision or determination giving rise to the appeal; or

• (ii) the expiry of the specified period;

• (c) in the case of a type B appeal, 28 days from the date on which the enforcement notice is served;

• (d) in all other cases, 6 months from—

• (i) the date of the notice of the decision or determination giving rise to the appeal;

• (ii) in a case in which the authority have served a notice on the applicant in accordance with article 4(2) that they require further information, and the applicant has not provided the information, the date of service of that notice; or

• (iii) in any other case, the expiry of the specified period.

• (3) The documents mentioned in paragraph (1) are—

• (a) in the case of a householder appeal—

• (i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

• (ii) any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination; and

• (iii) the notice of the decision or determination;

• (b) in all other cases—

• (i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

• (ii) all plans, drawings and documents sent to the authority in connection with the application;

• (iii) all correspondence with the authority relating to the application;

• (iv) any certificate provided to the authority under article 12;

• (v) any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination;

• (vi) the notice of the decision or determination, if any; and

• (vii) if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.

• (4) The Secretary of State may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1)(a) and the documents required under paragraph (3) are not served on the Secretary of State within the time limit specified in paragraph (2).

• (5) The Secretary of State may provide, or arrange for the provision of, a website for use for such purposes as the Secretary of State thinks fit which—

• (a) relate to appeals under section 78 of the 1990 Act and this article; and

• (b) are capable of being carried out electronically.

• (6) Where a person gives notice of appeal to the Secretary of State using electronic communications, the person shall be taken to have agreed—

• (a) to the use of such communications for all purposes relating to the appeal which are capable of being carried out electronically;

• (b) that the person’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person’s notice of appeal; and

• (c) that the person’s deemed agreement under this paragraph shall subsist until notice is given in accordance with article 40 that the person wishes to revoke the agreement.

• (7) In this article—

• “householder appeal” means an appeal under section 78(1) of the 1990 Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;

• “specified period” means the period specified in article 29 or 30, as the case may be;

• “type A appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice— has been served no earlier than 2 years before the application is made; has been served before— the date of the notice of the decision or determination giving rise to the appeal; or the expiry of the specified period; and is not withdrawn before the expiry of the period of 28 days from the date specified in sub-paragraph (b); and

• “type B appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice— is served on or after— the date of the notice of the decision or determination giving rise to the appeal, or the expiry of the specified period; is served earlier than 28 days before the expiry of the time limit specified— in the case of a householder appeal, in paragraph (2)(a); or in any other case, in paragraph (2)(d); and is not withdrawn before the expiry of the period of 28 days from the date on which the enforcement notice is served.

PART 6 — Miscellaneous

Local development orders

34

• (1) Where a local planning authority propose to make a local development order they shall first prepare—

• (a) a draft of the order; and

• (b) a statement of their reasons for making the order.

• (2) The statement of reasons shall contain—

• (a) a description of the development which the order would permit; and

• (b) a plan or statement identifying the land to which the order would relate.

• (3) Where a local planning authority have prepared a draft local development order, they shall consult, in accordance with paragraph (5), such of the following persons whose interests they consider would be affected by the order if made—

• (a) if the local planning authority is a London borough council, the Mayor of London;

• (b) a local planning authority, county council or parish council any part of whose area is in or adjoins the area of the local planning authority;

• (c) Natural England⁴²;

• (d) the Environment Agency⁴³;

• (e) the Historic Buildings and Monuments Commission for England⁴⁴;

• (f) the Secretary of State for Transport;

• (g) the Highways Agency;

• (h) a regional development agency⁴⁵ whose area is in or adjoins the area of the local planning authority;

• (i) any person—

• (i) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003 (application of the electronic communications code)⁴⁶; and

• (ii) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority;

• (j) any of the following persons who exercise functions in any part of the area of the local planning authority—

• (i) a Primary Care Trust⁴⁷;

• (ii) a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989 (licences authorising supply, etc)⁴⁸;

• (iii) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 (licensing of gas transporters)⁴⁹;

• (iv) a sewerage undertaker;

• (v) a water undertaker;

• (k) voluntary bodies some or all of whose activities benefit any part of the local planning authority’s area;

• (l) bodies which represent the interests of different racial, ethnic or national groups in the local planning authority’s area;

• (m) bodies which represent the interests of different religious groups in the local planning authority’s area;

• (n) bodies which represent the interests of disabled persons in the local planning authority’s area;

• (o) bodies which represent the interests of persons carrying on business in the local planning authority’s area.

• (4) The local planning authority shall also consult any person with whom they would have been required to consult on an application for planning permission for the development proposed to be permitted by the order.

• (5) In consulting in accordance with paragraphs (3) and (4) the local planning authority shall—

• (a) send a copy of the draft order and the statement of reasons to the consultees;

• (b) specify a consultation period of not less than 28 days; and

• (c) take account of all representations received by them during the period specified.

• (6) A local planning authority shall, during any consultation under paragraphs (3) and (4)—

• (a) make a copy of the draft local development order and statement of reasons available for inspection—

• (i) at their principal office during normal working hours; and

• (ii) at such other places within their area as they consider appropriate;

• (b) publish on their website—

• (i) the draft local development order and the statement of reasons;

• (ii) a statement that those documents are available for inspection and the places where and times when they can be inspected; and

• (iii) the date by which representations on the draft local development order must be received, which shall be not less than 28 days after the date of first publication on the website; and

• (c) give notice by local advertisement of—

• (i) the draft local development order and the statement of reasons;

• (ii) the availability of those documents for inspection, and the places where and times when they can be inspected; and

• (iii) the date by which representations on the draft local development order must be received, which shall be not less than 28 days from the date on which the notice was first published.

• (7) Where the draft local development order would grant planning permission for development specified in the order, the local planning authority shall also give notice of their proposal to make the order—

• (a) by displaying in at least one place on or near to the site to which the order relates a notice in the appropriate form set out in Schedule 7 or in a form substantially to the like effect, and, subject to paragraph (8), leaving the notice in position for a period of not less than 28 days beginning with the date on which it is first displayed; and

• (b) by serving a copy of that notice on every person whom the authority knows to be the owner or tenant of any part of the site whose name and address is known to the authority,

and specifying in the notice a date by which representations on the draft local development order must be received, which shall be not less than 28 days from the date on which the notice was displayed or served, as the case may be.

• (8) Where the notice referred to in paragraph (7)(a) is, without any fault or intention of the authority, removed, obscured or defaced before the period referred to in that paragraph has elapsed, the authority shall be treated as having complied with the requirements of that paragraph if they have taken reasonable steps for the protection of the notice, and, if necessary, its replacement.

• (9) Where any notice of the proposal has been—

• (a) published on the authority’s website or by local advertisement in accordance with paragraph (6);

• (b) given by site display under paragraph (7)(a); or

• (c) served on an owner of the land or a tenant under paragraph (7)(b),

a local planning authority shall, in considering what modifications should be made to the draft local development order or whether such an order should be adopted, take into account any representations made in relation to that order and received by the authority by the date specified on the website or in the notices, in accordance with paragraph (6) or (7) as the case may be, as the date by which representations should be made (or, if the dates on the website or in the notices differ from each other, the latest of such dates).

• (10) A local planning authority shall send a copy of a draft local development order and the statement of reasons relating to that order, including any modifications made to the order or statement, to the Secretary of State at any time after they have complied with the requirements of paragraph (9).

• (11) Subject to paragraph (12), a local planning authority shall not take any further step in connection with the adoption of a local development order until either—

• (a) the Secretary of State has notified the authority in writing that the Secretary of State does not intend to make a direction under section 61B(1) of the 1990 Act (intervention by Secretary of State)⁵⁰; or

• (b) a period of 21 days has elapsed from the date on which the draft was sent to the Secretary of State, and the Secretary of State has neither notified the authority that the Secretary of State—

• (i) intends to make such a direction; or

• (ii) requires more time to reach a decision.

• (12) If, within the period of 21 days referred to in paragraph (11)(b), the Secretary of State has notified the authority that the Secretary of State requires more time to reach a decision, the authority shall not take any further step in connection with the adoption of the order unless the Secretary of State notifies the authority as referred to in paragraph (11)(a).

• (13) A local development order must not be made so as to grant planning permission—

• (a) for development affecting a listed building; or

• (b) for development which is Schedule 1 development within the meaning of regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (interpretation)⁵¹.

• (14) Where a local planning authority revoke a local development order the authority shall—

• (a) publish on their website a statement that the local development order has been revoked;

• (b) give notice of the revocation by local advertisement; and

• (c) give written notice of the revocation to every person whom the local planning authority consulted under paragraphs (3) or (4) before the making of the order.

• (15) In this article a requirement to give notice by local advertisement is a requirement to publish the notice in as many newspapers as will secure that the press coverage (taken as a whole) extends to the whole of the area to which the local development order relates.

Certificate of lawful use or development

35

• (1) An application for a certificate under section 191(1) or 192(1) of the 1990 Act (certificates of lawfulness of existing or proposed use or development)⁵² shall be made on a form published by the Secretary of State (or a form substantially to the like effect) and shall, in addition to specifying the land and describing the use, operations or other matter in question in accordance with those sections, include the particulars specified or referred to in the form.

• (2) An application to which paragraph (1) applies shall be accompanied by—

• (a) a plan identifying the land to which the application relates drawn to an identified scale and showing the direction of North;

• (b) such evidence verifying the information included in the application as the applicant can provide; and

• (c) a statement setting out the applicant’s interest in the land, the name and address of any other person known to the applicant to have an interest in the land and whether any such other person has been notified of the application.

• (3) Where an application for a certificate under section 192(1) of the 1990 Act is made in respect of Crown land, it shall, in addition to the documents required by paragraph (2), be accompanied by—

• (a) a statement that the application is made in respect of Crown land; and

• (b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

• (4) Where such an application specifies 2 or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or matter relates.

• (5) Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant shall be taken to have agreed—

• (a) to the use of such communications by the local planning authority for the purposes of the application;

• (b) that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and

• (c) that the applicant’s deemed agreement under this paragraph shall subsist until notice is given in writing of the withdrawal of the applicant’s consent to the use of electronic communications under article 40.

• (6) Articles 10(1) and 29(6) shall apply to an application for a certificate to which paragraph (1) applies as they apply to an application for planning permission.

• (7) When the local planning authority receive an application which complies with the requirements of paragraphs (1) to (4) and any fee required to be paid with respect to the application, they shall, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Schedule 1.

• (8) Where, after sending an acknowledgement as required by paragraph (7), the local planning authority consider that the application is invalid they shall, as soon as reasonably practicable, notify the applicant that the application is invalid.

• (9) The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.

• (10) Where a valid application has been received, the local planning authority shall give the applicant written notice of their decision within—

• (a) the period of 8 weeks beginning with the day immediately following that on which the application is received; or

• (b) unless the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed in writing between the applicant and the authority.

• (11) Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured—

• (a) sub-paragraph (a) of paragraph (10) shall have effect as if, for “the application is received”, there were substituted “the authority are satisfied that they have received the full amount of the fee”; and

• (b) sub-paragraph (b) of that paragraph shall have effect as if, at the end, there were added “once the authority are satisfied that they have received the full amount of the fee”.

• (12) In this article, “valid application” means an application which—

• (a) complies with the requirements of paragraphs (1) to (4); and

• (b) is accompanied by the appropriate fee,

and a valid application shall be taken to have been received when the application and all of the documents, particulars or evidence referred to in paragraphs (1) to (4) have been lodged with the appropriate authority mentioned in article 10(1) and the fee has been paid.

• (13) Where an application is refused, in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision shall state clearly and precisely the authority’s full reasons for their decision and shall include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the Secretary of State under section 195 of the 1990 Act (appeals against refusal or failure to give decision on application)⁵³.

• (14) A certificate under section 191 or 192 of the 1990 Act shall be in the form set out in Schedule 8, or in a form substantially to the like effect.

• (15) Where a local planning authority propose to revoke a certificate issued under section 191 or 192 of the 1990 Act in accordance with section 193(7) of the 1990 Act (certificates under sections 191 and 192: supplementary provisions)⁵⁴, they shall, before they revoke the certificate, give notice of that proposal to—

• (a) the owner of the land affected;

• (b) the occupier of the land affected;

• (c) any other person who will in their opinion be affected by the revocation; and

• (d) in the case of a certificate issued by the Secretary of State under section 195 of the 1990 Act, the Secretary of State.

• (16) A notice issued under paragraph (15) shall invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority shall not revoke the certificate until all such periods allowed for making representations have expired.

• (17) An authority shall give written notice of any revocation under section 193(7) of the 1990 Act to every person on whom notice of the proposed revocation was served under paragraph (15).

PART 7 — Monitoring

Register of applications

36

• (1) In this article and in articles 37 and 38, “the local planning register authority” means—

• (a) in relation to land in a National Park, the National Park authority (and references to the area of the local planning register authority are, in this case, to the National Park);

• (b) in relation to land in Greater London or a metropolitan county, which is not land in a National Park, the local planning authority (and references to the area of the local planning register authority are, in this case, to the area of the local planning authority other than any part of their area within a National Park);

• (c) in relation to any other land—

• (i) the district planning authority; or

• (ii) where there is no district planning authority in relation to the land, the county planning authority,

(and references to the area of the local planning register authority are, in this case, to the area of the district planning authority or the area of the county planning authority, as the case may be, other than any part of their area within a National Park).

• (2) Each local planning register authority shall keep, in 2 parts, a register of every application for planning permission relating to their area.

• (3) Part 1 of the register shall contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of—

• (a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings;

• (b) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

• (c) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and

• (d) particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c).

• (4) Part 2 of the register shall contain, in respect of every application for planning permission relating to the local planning register authority’s area—

• (a) a copy (which may be photographic or in electronic form) of the application and of plans and drawings submitted in relation thereto and of any accompanying design and access statement provided in accordance with article 8;

• (b) particulars of any direction given under the 1990 Act or this Order in respect of the application;

• (c) the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision and the name of the local planning authority;

• (d) the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal, on an application under section 293A(2) of the 1990 Act (urgent Crown development: application)⁵⁵ or on a reference under section 76A or 77 of the 1990 Act (reference of applications to Secretary of State)⁵⁶;

• (e) the date of any subsequent approval (whether approval of reserved matters or any other approval required) given in relation to the application;

• (f) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

• (g) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

• (h) particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part 2 of the register in accordance with sub-paragraphs (f) or (g) or paragraph (6).

• (5) The register kept by the local planning register authority shall also contain the following information in respect of every application made under article 9 relating to their area—

• (a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings; and

• (b) the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority.

• (6) Where, on any appeal to the Secretary of State under section 174 of the 1990 Act (appeal against enforcement notice)⁵⁷, the appellant is deemed to have made an application for planning permission and the Secretary of State has granted permission, the local planning register authority shall, on receipt of notification of the Secretary of State’s decision, enter into Part 2 of the register referred to in paragraph (2) particulars of the development concerned, the land on which it was carried out, and the date and effect of the Secretary of State’s decision together with a copy (which may be photographic or in electronic form) of—

• (a) any planning obligation or section 278 agreement entered into in connection with the decision; and

• (b) any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.

• (7) The register kept by the local planning register authority shall also contain the following information in respect of every application for a certificate under section 191 or 192 of the 1990 Act (certificates of lawfulness of existing or proposed use or development)⁵⁸ relating to the authority’s area—

• (a) the name and address of the applicant;

• (b) the date of the application;

• (c) the address or location of the land to which the application relates;

• (d) the description of the use, operations or other matter included in the application;

• (e) the decision, if any, of the local planning authority in respect of the application and the date of such decision; and

• (f) the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application.

• (8) The register shall contain the following information about simplified planning zone schemes in the area of the authority—

• (a) brief particulars of any action taken by the authority or the Secretary of State in accordance with section 83 of, or Schedule 7 to, the 1990 Act (making of simplified planning zone schemes etc)⁵⁹ to establish or approve any simplified planning zone scheme, including the date of adoption or approval, the date on which the scheme or alteration becomes operative and the date on which it ceases to be operative;

• (b) a copy of any simplified planning zone scheme, or alteration to an existing scheme, including any diagrams, illustrations, descriptive matter or any other prescribed material which has been made available for inspection under Schedule 7 to the 1990 Act; and

• (c) an index map showing the boundary of any operative or proposed simplified planning zone schemes, including alterations to existing schemes where appropriate, together with a reference to the entries in the register under sub-paragraphs (a) and (b).

• (9) To enable any person to trace any entry in the register, every register shall include an index together with a separate index of applications for development involving mining operations or the creation of mineral working deposits.

• (10) Subject to paragraph (11), every entry in the register shall be made within 14 days of the receipt of an application, or of the giving or making of the relevant direction, decision or approval as the case may be.

• (11) A copy of any application made under section 293A(2) of the 1990 Act (urgent Crown development: application) and of any plans and drawings submitted in relation to it shall be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.

• (12) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.

• (13) For the purposes of paragraph (3), an application shall not be treated as finally disposed of unless—

• (a) it has been decided by the authority (or the appropriate period specified or referred to in article 29(2) has expired without their giving a decision) and the time limit specified in article 33(2) has expired without any appeal having been made to the Secretary of State;

• (b) if it has been referred to the Secretary of State under section 76A or 77 of the 1990 Act or an appeal has been made to the Secretary of State under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)⁶⁰, the Secretary of State has issued a decision and the period of 6 weeks specified in section 288 of the 1990 Act (proceedings for questioning the validity of other orders, decisions and directions)⁶¹ has expired without any application having been made to the High Court under that section;

• (c) an application has been made to the High Court under section 288 of the 1990 Act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under the said section 288); or

• (d) it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued a decision.

• (14) Where the register kept by a local planning register authority under this article is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

Register of local development orders

37

• (1) The register kept by each local planning register authority under article 36 shall include as Part 3 a Part relating to local development orders.

• (2) Part 3 of the register shall consist of 2 sections—

• (a) the first (“Section 1”) shall contain copies of draft local development orders which have been prepared but not adopted by the authority; and

• (b) the second (“Section 2”) shall contain—

• (i) copies of local development orders which have been adopted by the authority;

• (ii) particulars of the revocation of any local development order made by the authority, including the date on which the revocation took effect; and

• (iii) particulars of the revision of any local development order, including the date on which the revision took effect.

• (3) A copy of each draft local development order must be placed on the register when the draft is sent for consultation in accordance with article 34(3).

• (4) A copy of each local development order must be placed on the register within 14 days of the date of its adoption.

• (5) A requirement under this article to place a copy of a draft order or order on the register includes a requirement to do the same with the statement of reasons for making that order.

Register of enforcement and stop notices

38

• (1) Subject to paragraph (2), the register under section 188 of the 1990 Act (register of enforcement and stop notices)⁶² shall contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register—

• (a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

• (b) the name of the issuing authority;

• (c) the date of issue of the notice;

• (d) the date of service of copies of the notice;

• (e) a statement or summary of the breach of planning control alleged and the requirements of the notice, including the period within which any required steps are to be taken;

• (f) the date specified in the notice as the date on which it is to take effect;

• (g) information on any postponement of the date specified as the date on which the notice will take effect by reason of section 175(4) of the 1990 Act (appeals: supplementary provisions)⁶³ and the date of the final determination or withdrawal of any appeal;

• (h) the date of service and, if applicable, of withdrawal of any stop notice referring to the enforcement notice, together with a statement or summary of the activity prohibited by any such stop notice; and

• (i) the date, if any, on which the local planning authority are satisfied that steps required by the notice for a purpose mentioned in section 173(4)(b) of the 1990 Act (contents and effect of notice: remedying any injury to amenity)⁶⁴ have been taken.

• (2) That register shall also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register—

• (a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

• (b) the name of the serving authority;

• (c) the date of service of the notice;

• (d) details of the relevant planning permission sufficient to enable it to be identified; and

• (e) a statement or summary of the condition which has not been complied with and the requirements of the notice, including the period allowed for compliance.

• (3) All entries relating to an enforcement notice, stop notice or breach of condition notice shall be removed from the register if—

• (a) in the case of an enforcement notice or stop notice, the relevant enforcement notice is quashed by the Secretary of State;

• (b) in the case of a breach of condition notice, the notice is quashed by a court;

• (c) in any case, the relevant notice is withdrawn.

• (4) Every register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.

• (5) Where a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice, they shall supply the information specified in paragraph (1) or (2), as the case may be, in relation to the notice to the district planning authority (if any) in whose area the land to which the notice relates is situated and shall inform that authority if the notice is withdrawn or the relevant enforcement notice or breach of condition notice is quashed.

• (6) The information prescribed in paragraphs (1) and (2) shall be entered in the register as soon as practicable and in any event within 14 days of the occurrence to which it relates, and information shall be so supplied under paragraph (5) that entries may be made within that period of 14 days.

• (7) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.

PART 8 — General

Directions

39

Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Withdrawal of consent to use of electronic communications

40

Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, that person shall give notice in writing—

• (a) withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose; or

• (b) revoking any agreement entered into or deemed to have been entered into with the Secretary of State or with a local planning authority for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given.

Revocations, transitional provisions and savings

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• (1) The statutory instruments specified in the first column of the table in Schedule 9 are revoked, in so far as they apply to England, to the extent specified in the corresponding row of the third column of the table.

• (2) In respect of any application for planning permission, consent, agreement or approval made before 6th April 2010—

• (a) articles 33 (appeals) and 36 (register of applications) and Schedule 6 (notification where planning permission refused or granted subject to conditions) shall not apply; and

• (b) articles 23 (appeals) and 25 (register of applications) of, and Part 2 of Schedule 1 (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions) to, the Town and Country Planning (General Development Procedure) Order 1995⁶⁵ shall apply as those provisions applied immediately prior to 6th April 2010.

• (3) In respect of any application for planning permission made before 1st October 2010—

• (a) article 13 (publicity for applications for planning permission) shall not apply; and

• (b) article 8 of the Town and Country Planning (General Development Procedure) Order 1995 (publicity for applications for planning permission)⁶⁶ shall apply as that provision applied immediately prior to 6th April 2010.

SCHEDULE 1 — Letter to be sent to applicant on receipt of application

SCHEDULE 2 — Notices under articles 11 and 32

SCHEDULE 3 — Publicity for applications for planning permission

SCHEDULE 4 — Major infrastructure projects: economic impact report

SCHEDULE 5 — Consultations before the grant of permission