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The Town and Country Planning (Development Management Procedure) (England) Order 2015

Type Statutory-Instrument

Publication 2015-03-18

Last updated 2026-04-09

State In force

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Made: 18th March 2015

Laid before Parliament: 24th March 2015

Coming into force: 15th April 2015

The Secretary of State makes the following Order in exercise of the powers conferred by sections 55(2A) and (2B), 59, 61(1), 61A(5), 61W, 62, 65, 69, 71, 74, 74A, 77(4), 78, 79(4), 188, 193, 196(4), 293A, 333(4) and (7) of, and paragraphs 5, 6, 7(7) and 8(6) of Schedule 1, and Schedule 4A to, the Town and Country Planning Act 1990 and, sections 54, 88 and 122(3) of the Planning and Compulsory Purchase Act 2004 .

Part 1 — Preliminary

Citation, commencement and application

1

(1) This Order may be cited as the Town and Country Planning (Development Management Procedure) (England) Order 2015 and comes into force on 15th April 2015.

(2) This Order applies in relation to England only.

(3) This Order applies to all land in England, but where the land is the subject of a special development order, whether made before or after the commencement of this Order, this Order applies to that land only to such extent and subject to such modifications as may be specified in the special development order.

(4) Nothing in this Order applies to any permission which is deemed to be granted under section 222 of the 1990 Act (planning permission not needed for advertisements complying with regulations).

(5) Nothing in this Order applies to an application for permission in principle.

Interpretation

2

(1) In this Order, unless the context otherwise requires—

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

the 2017 Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;

“access”, in relation to reserved matters, means the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network; where “site” means the site or part of the site in respect of which outline planning permission is granted or, as the case may be, in respect of which an application for such a permission has been made;

“appearance” means the aspects of a building or place within the development which determines the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;

“contaminated land” has the same meaning as in Part 2A of the Environmental Protection Act 1990 ;

“criminal justice accommodation” means—a prison within the meaning of the Prison Act 1952; ora place for the detention of young persons within the meaning of section 43 of that Act;

“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

“EIA application”, “EIA development”, “environmental information” and “environmental statement” have the same meanings respectively as in regulation 2(1) of the 2017 Regulations (interpretation);

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 (general interpretation) ;

“flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“flood” has the same meaning as in section 1 of the Flood and Water Management Act 2010 ;

“floor space” means the total floor space in a building or buildings;

“health service hospital” means a hospital vested in—an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 2014; orthe Secretary of State for the purpose of his functions under the National Health Services Act 2006;

“hospital” means—an institution for the reception and treatment of persons suffering from illness;a maternity home; oran institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;

“householder application” means—an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, oran application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development,but does not include an application for change of use or an application to change the number of dwellings in a building;

“illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;

“infrastructure manager” means any person who in relation to relevant railway land—is responsible for developing or maintaining the land; ormanages or uses the land, or permits the land to be used for the operation of a railway;

“irreplaceable habitat” has the meaning given by regulation 2 of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024;

“landscaping”, in relation to a site or any part of a site for which outline planning permission has been granted or, as the case may be, in respect of which an application for such permission has been made, means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes—screening by fences, walls or other means;the planting of trees, hedges, shrubs or grass;the formation of banks, terraces or other earthworks;the laying out or provision of gardens, courts, squares, water features, sculpture or public art; andthe provision of other amenity features;

“layout” means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;

“listed building” has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest) ;

“local plan” and “local planning authority” have the meanings given in section 15LH of the Planning and Compulsory Purchase Act 2004;

“major development” means development involving any one or more of the following—the winning and working of minerals or the use of land for mineral-working deposits;waste development;the provision of dwellinghouses where—the number of dwellinghouses to be provided is 10 or more; orthe development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c)(i);the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; ordevelopment carried out on a site having an area of 1 hectare or more;

“minerals and waste plan” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;

“minor commercial application” means—an application for planning permission for development of an existing building or part of a building currently in use for any of the purposes falling within Part A of the Schedule to the Town and Country Planning (Use Classes) Order 1987 , oran application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development,where such an application does not include a change of use, a change to the number of units in a building, or development that is not wholly at ground floor level or that would increase the gross internal area of a building,

“outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;

“the Permitted Development Order” means Town and Country Planning (General Permitted Development) Order 2015 ;

“planning obligation” means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the 1990 Act (planning obligations) ;

“proposed highway” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation) ;

“public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England;

“public service infrastructure development” means major development, which is not EIA development, where the main purpose of the development is—the provision of—a health service hospital;a school or institution within the further education sector; oran institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; orcriminal justice accommodation; orworks for the extension or alteration of—a health service hospital;a school or institution within the further education sector; oran institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; orcriminal justice accommodation;

“qualifying European site” means— a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017; or a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2017;

“relevant railway land” means land—forming part of any operational railway; orwhich is authorised to be used for the purposes of an operational railway under—a planning permission granted or deemed to be granted,a development consent granted by an order made under the Planning Act 2008 , oran Act of Parliament,including viaducts, tunnels, retaining walls, sidings, shafts, bridges, or other structures used in connection with an operational railway and excluding car parks, offices, shops, hotels or any other land which, by its nature or situation, is comparable with land in general rather than land which is used for the purpose of an operational railway;

“reserved matters” in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application—access;appearance;landscaping;layout; andscale;

“scale” except in the term ‘identified scale’, means the height, width and length of each building proposed within the development in relation to its surroundings;

“school or institution within the further education sector” means a school or institution within the further education sector which is—an Academy within the meaning of the Academies Act 2010;a school maintained by a local authority as defined in section 142(1) of the School Standards and Framework Act 1998;a school which is specially organised to make special educational provision for pupils with special educational needs and is approved by the Secretary of State under section 342 of the Education Act 1996;an independent education institution approved under section 41 of the Children and Families Act 2014; oran institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

“section 278 agreement” means an agreement entered into pursuant to section 278 of the Highways Act 1980 (agreements as to execution of works) ;

“by site display” means by the posting of the notice by firm fixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“site of special scientific interest” has the same meaning as in Part 2 of the Countryside and Wildlife Act 1981 ;

“special road” means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provision as to special roads) ;

“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015

“supplementary plan” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

“trunk road” means a highway or proposed highway which is a trunk road by virtue of sections 10(1) (general provision as to trunk roads) or 19 (certain special roads and other highways to become trunk roads) of the Highways Act 1980 or any other enactment or any instrument made under any enactment; and

“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or material change of use to, treating, storing, processing or disposing of refuse or waste materials.

(2) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically—

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation is not fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, maps, plans, drawings, certificates or other documents, or to copies of such things, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the following purposes—

(a) fulfilling any requirement in this Order to give or send any application, notice or other document to any other person; or

(b) lodging an application, certificate or other document referred to in article 34(4) or (5) with an authority mentioned in that article,

and in those paragraphs, “the recipient” means the person mentioned in sub-paragraph (a) of this paragraph, or the authority mentioned in sub-paragraph (b), as the case may be.

(4) The requirement is fulfilled, or (as the case may be) the application or other document is taken to have been lodged, if the document transmitted by the electronic communications is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(5) In paragraph (4), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by the recipient outside the recipient's business hours, it is taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or public holiday.

(7) A requirement in this Order that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (4), and “written” and related expressions are to be construed accordingly.

Part 2 — Pre-application consultation

Consultation before applying for planning permission

3

(1) Subject to paragraph (2), for the purposes of section 61W of the 1990 Act (requirement to carry out pre-application consultation) a person must carry out consultation on a proposed application for planning permission for any development involving an installation for the harnessing of wind power for energy production where—

(a) the development involves the installation of more than 2 turbines; or

(b) the hub height of any turbine exceeds 15 metres.

(2) Paragraph (1) does not apply to—

(a) applications made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached); or

(b) applications of the description contained in article 20(1)(b) or (c) (consultations before the grant of a replacement planning permission subject to a new time limit).

Particulars of pre-application consultation

4

Where consultation is required by virtue of article 3(1) , an application for planning permission must be accompanied by particulars of—

(a) how the applicant complied with section 61W(1) of the 1990 Act;

(b) any responses to the consultation that were received by the applicant; and

Part 3 — Applications

Applications for outline planning permission

5

(1) Where an application is made to the local planning authority for outline planning permission, the authority may grant permission subject to a condition specifying reserved matters for the authority's subsequent approval.

(2) Where the authority who are to determine an application for outline planning permission are of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, the authority must within the period of 1 month beginning with the date of receipt of the application notify the applicant that they are unable to determine it unless further details are submitted, specifying the further details they require.

(3) Where access is a reserved matter, the application for outline planning permission must state the area or areas where access points to the development proposed will be situated.

Applications for approval of reserved matters

6

An application for approval of reserved matters—

(a) must be made in writing to the local planning authority and give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made;

(b) must include such particulars, and be accompanied by such plans and drawings, as are necessary to deal with the matters reserved in the outline planning permission; and

(c) except where the authority indicate that a lesser number is required, or where the application is made using electronic communications, must be accompanied by 3 copies of the application and of the plans and drawings submitted with it.

General requirements: applications for planning permission including outline planning permission

7

(1) Subject to paragraphs (3) to (5), an application for planning permission must—

(a) be made in writing to the local planning authority on a form published by the Secretary of State (or a form to substantially the same effect);

(b) include the particulars specified or referred to in the form;

(c) except where the application is made pursuant to section 73 (determination of applications to develop land without conditions previously attached) or section 73A(2)(c) (planning permission for development already carried out) of the 1990 Act or is an application of a kind referred to in article 20(1)(b) or (c), be accompanied, whether electronically or otherwise, by—

(i) a plan which identifies the land to which the application relates;

(ii) any other plans, drawings and information necessary to describe the development which is the subject of the application;

(iia) the information relating to the condition under paragraph 13 of Schedule 7A to the 1990 Act (“the biodiversity gain condition”) specified in paragraph (1A);

(iii) except where the application is made by electronic communications or the local planning authority indicate that a lesser number is required, 3 copies of the form; and

(iv) except where they are submitted by electronic communications or the local planning authority indicate that a lesser number is required, 3 copies of any plans, drawings and information accompanying the application.

(1A) Subject to paragraph (1B), an application for planning permission must be accompanied by the following information relating to the biodiversity gain condition—

(a) a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;

(b) where the applicant believes that planning permission, if granted, would not be subject to the biodiversity gain condition, the reasons for that belief;

(c) in cases where the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition—

(i) the completed biodiversity metric calculation tool or tools (as the case may be) showing the calculation of the biodiversity value of the onsite habitat, for the purpose of the biodiversity gain plan required to be submitted under paragraph 13 of Schedule 7A to the 1990 Act if permission is granted, on—

(aa) the date of the application, or

(bb) an earlier date proposed by the applicant, and

(cc) in either case, the date immediately before any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land;

(ii) the biodiversity value or values (as the case may be) referred to in paragraph (i);

(iii) the publication date of the biodiversity metric calculation tool or tools (as the case may be) used to calculate the values referred to in paragraph (i);

(iv) if an earlier date is proposed by the applicant under paragraph (i)(bb), the reasons why that earlier date is proposed;

(v) if any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land—

(aa) a statement that such activities have been carried out,

(bb) confirmation of the date immediately before those activities were so carried out, and

(cc) any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in paragraph (i)(cc).

(vi) a description of any irreplaceable habitat, corresponding to the descriptions in Table 1 or in column 1 of Table 2 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024, that—

(aa) is on the land to which the application relates, and

(bb) exists on the date referred to in paragraph (i)(aa) or (bb) (as applicable);

(vii) a plan showing the location, on the date referred to in paragraph (i)(aa) or (bb) (as applicable), of—

(aa) the onsite habitat included in the calculations referred to in paragraph (i), and

(bb) any irreplaceable habitat.

(1B) Paragraph (1A) does not apply to an application for permission to develop land without compliance with conditions previously attached made under section 73 of the 1990 Act.

(2) Any plans or drawings required to be provided by paragraph (1) or (1A) must be drawn to an identified scale and, in the case of plans, must show the direction of North.

(3) Except where article 5(3) applies, an application for outline planning permission does not need to give details of any reserved matters.

(4) Subject to paragraph (5), an application for planning permission for development consisting of mining operations or the use of land for mineral-working deposits must—

(a) be made on a form provided by the local planning authority (or on a form to substantially the same effect);

(b) include the particulars specified or referred to in the form; and

(5) In the case of an application for planning permission for development consisting of mining operations for the winning and working of oil or natural gas by underground operations (including exploratory drilling)—

(a) where the application is made pursuant to section 73 or 73A(2)(c) of the 1990 Act or is an application of a kind referred to in article 20(1)(b) or (c), the application must be made in accordance with paragraph (4);

(b) in any other case, the application must be made in accordance with paragraph (1).

(6) Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is 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 subsists until the applicant gives notice in writing of the withdrawal of consent to the use of electronic communications under article 46.

Applications in respect of Crown land

8

An application for planning permission in respect of Crown land must 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.

Design and access statements

9

(1) Paragraph (2) applies to an application for planning permission which is for—

(a) development which is major development; or

(b) where any part of the development is in a designated area, development consisting of—

(i) the provision of one or more dwellinghouses; or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

(2) An application for planning permission to which this paragraph applies must, except where paragraph (4) applies, be accompanied by a statement (“a design and access statement”) about—

(a) the design principles and concepts that have been applied to the development; and

(b) how issues relating to access to the development have been dealt with.

(3) A design and access statement must—

(a) explain the design principles and concepts that have been applied to the development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy adopted as to access, and how policies relating to access in relevant local development documents , documents which are to be or form part of minerals and waste plans, local plans or supplementary plans prepared by local planning authorities, minerals and waste planning authorities or the Mayor of London have been taken into account;

(d) state what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation; and

(e) explain how any specific issues which might affect access to the development have been addressed.

(4) Paragraph (2) does not apply to an application for planning permission which is—

(a) for permission to develop land without compliance with conditions previously attached, made pursuant to section 73 of the 1990 Act ;

(b) of the description contained in article 20(1)(b) or (c);

(d) for a material change in use of the land or buildings; or

(e) for development which is waste development.

(5) In paragraph (1)—

Applications for non-material changes to planning permission

10

(1) This article applies in relation to an application made under section 96A(4) of the 1990 Act (power to make non-material changes to planning permission) .

(2) An application must be made in writing to the local planning authority on a form published by the Secretary of State (or a form substantially to the same effect).

(3) At the same time as making that application the applicant must give notice to any person (other than the applicant) who is an owner of the land to which the application relates or a tenant of an agricultural holding any part of which is comprised in the land to which the application relates, stating—

(a) what the application is for and where the person can view a copy of it; and

(b) that any representations about the application must be made to the local planning authority within 14 days of the date when the notice is given.

(4) Where notice is given under paragraph (3), the local planning authority must, in determining the application, take into account any representations made within 14 days beginning with the date when the notice was given.

(5) Where a local planning authority receive an application made in accordance with paragraph (2) they must give the applicant notice in writing of their decision on the application within 28 days of receipt of the application or such longer period as may be agreed in writing between the applicant and the authority.

General provisions relating to applications

11

(1) An application made under article 5 , 6 or 7, must be made—

(a) where the application relates to land which is in a National Park, to the National Park authority;

(b) where the application relates to land in Greater London or a metropolitan county, which is not land in a National Park, to the local planning authority;

(c) where the application relates to land which is not in a National Park, Greater London or a metropolitan county, and the application relates to a county matter—

(i) to the county planning authority; or

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

(d) in any other case—

(i) to the district planning authority; or

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

(2) When the local planning authority with whom the application has to be lodged receive—

(a) in the case of an application made under article 5, 6 or 7, an application which complies with the requirements of article 5, 6 or 7, as the case may be;

(b) the certificate required by article 14;

(ca) in the case of an application to which article 9A applies, the fire statement;

(d) in a case where pre-application consultation is required in accordance with article 3, the particulars in article 4 ;

(e) subject to paragraph (3), the particulars or evidence required by the authority under section 62(3) of the 1990 Act (applications for planning permission) ; and

(f) the fee required to be paid in respect of the application,

the authority must, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Schedule 1.

(3) Paragraph (2)(e) only applies if—

(a) before the application is made the local planning authority publish or republish, for the purposes of article 34(4) and (5), a list of requirements on their website;

(b) the particulars or evidence that the authority require to be included in the application fall within that list;

(i) are reasonable having regard, in particular, to the nature and scale of the proposed development; and

(ii) are about a matter which it is reasonable to think will be a material consideration in the determination of the application; and

(d) the list mentioned in sub-paragraph (a) was published (or republished) during the 2 year period immediately before the date on which the application is made.

(4) Where an application is made to a county planning authority, in accordance with paragraph (1), that authority must, as soon as reasonably practicable, send a copy of the application and of any accompanying plans, drawings and information to the district planning authority, if any.

(5) Where, after sending an acknowledgement as required by paragraph (2), the local planning authority consider that the application is invalid, they must as soon as reasonably practicable notify the applicant that the application is invalid.

(6) In this article—

(a) “county matter” has the same meaning as in paragraph 1(1) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) ; and

(b) an application is invalid if it is not a valid application within the meaning of article 34(4) or it is not a non-validated application within the meaning of article 34(5).

Validation dispute

12

(1) Where—

(a) a local planning authority require particulars or evidence to be included in an application; and

(b) the applicant considers any particulars or evidence required do not meet the requirements set out in article 34(6)(c), the applicant may send a notice to the authority.

(2) The notice must—

(i) specify which particulars or evidence the applicant considers do not meet the requirements set out in article 34(6)(c);

(ii) set out the reasons the applicant relies upon in holding that view; and

(iii) request the authority to waive the requirement to include those particulars or evidence in the application.

(3) Following receipt of the notice mentioned in paragraph (1) and not later than the date specified in paragraph (3), the local planning authority must notify the applicant either that—

(i) the authority no longer require the applicant to provide the particulars or evidence (“a validation notice”); or

(ii) the authority continues to require the applicant to provide the particulars or evidence (“non-validation notice”).

(4) The date specified in this paragraph is—

(a) the date the period specified or referred to in article 34(2) (“the determination period”) ends; or

(b) where the notice mentioned in paragraph (1) is received—

(i) during the 7 working days immediately preceding the end of the determination period; or

(ii) on the final day of, or after the end of, the determination period,

the date which is 7 working days after the date the notice is received by the local planning authority.

(5) In this article “working day” has the same meaning as in article 2(6).

Notice of applications for planning permission

13

(1) Except where paragraph (2) applies, an applicant for planning permission must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant—

(a) by serving the notice on every such person whose name and address is known to the applicant; and

(b) where the applicant has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated.

(2) Subject to paragraph (3), in the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, the applicant must give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant—

(a) by serving the notice on every such person whom the applicant knows to be such a person and whose name and address is known to the applicant;

(b) by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(c) by site display in at least one place in every parish within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than 7 days in the period of 21 days immediately preceding the making of the application to the local planning authority.

(3) In the case of an application for planning permission for development consisting of the winning and working of oil or natural gas (including exploratory drilling)—

(a) the applicant is not required to serve a notice under paragraph (2)(a) in relation to any land which is to be used solely for underground operations;

(b) where any part of the land to which the application relates is in an unparished area, the applicant must give notice under paragraph (2)(c) in relation to that part of the land as if for “parish” there were substituted “ ward ”; and

(c) where sub-paragraph (b) applies, references in this article to notices required by paragraph (2)(c) include notices required by paragraph (2)(c) as modified by sub-paragraph (b).

(4) The notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) specify a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.

(5) Where a local planning authority maintain a website for the purpose of advertisement of applications for planning permission, the notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) state the address of the website where a copy of the application, and of all plans and other documents submitted with it, will be published.

(6) Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 7 days referred to in paragraph (2)(c) has elapsed, the applicant is to be treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement.

(7) The date prescribed for the purposes of section 65(2) of the 1990 Act (notice etc. of applications for planning permission) and the “prescribed date” for the purposes of this article, is the day 21 days before the date of the application.

(8) The applications prescribed for the purposes of paragraph (c) of the definition of “owner” in section 65(8) of the 1990 Act are minerals applications and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.

(9) In this article—

“minerals applications” mean applications for planning permission for development consisting of the winning and working of minerals;

“requisite notice” means notice in the appropriate form set out in Schedule 2 or in a form substantially to the same effect, but does not include notice served using electronic communications; and

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.

Certificates in relation to notice of applications for planning permission

14

(1) Where an application for planning permission is made, the applicant must certify, in a form published by the Secretary of State or in a form substantially to the same effect, that the relevant requirements of article 13 have been satisfied.

(2) If an applicant has cause to rely on article 13(6), the certificate must state the relevant circumstances.

Publicity for applications for planning permission

15

(1) An application for planning permission must be publicised by the local planning authority to which the application is made in the manner prescribed by this article.

(1A) In the case of any EIA application accompanied by an environmental statement, the application must be publicised in accordance with the requirements of paragraph (7) and by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 30 days; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(2) In the case of an application for planning permission for development which—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated, or

the application must be publicised in the manner specified in paragraph (3).

(3) An application falling within paragraph (2) (“a paragraph (2) application”) must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(4) In the case of an application for planning permission which is neither an application to which paragraph (1A) applies nor a paragraph (2) application, if the development proposed is major development the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(ii) by serving the notice on any adjoining owner or occupier; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

(4A) In a case of an application for technical details consent to which neither paragraph (2) nor paragraph (4) applies, the application must be publicised—

(a) in accordance with the requirements of paragraph (7), and

(b) by giving requisite notice by site display in at least one place on or near the land to which the application relates for not less than 21 days.

(5) In a case to which paragraphs (1A), (2), (4) and (4A) do not apply the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(b) by serving the notice on any adjoining owner or occupier.

(6) Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) , (4A)(b) or (5)(a) , or before the period of 30 days referred to in paragraph (1A)(a), has elapsed, the authority is to be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement.

(7) The following information must be published on a website maintained by the local planning authority—

(a) the address or location of the proposed development;

(b) a description of the proposed development;

(ba) in the case of EIA application accompanied by an environmental statement, that statement;

(c) the date by which any representations about the application must be made, which must not be before the last day of the period of 14 days , or in the case of an EIA application accompanied by an environmental statement 30 days, beginning with the date on which the information is published;

(d) where and when the application may be inspected;

(e) how representations may be made about the application; and

(f) that, ... in the event of an appeal made under section 78(1) of the 1990 Act that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Secretary of State and there will be no opportunity to make further representations.

(8) Subject to paragraph (9), if the local planning authority have failed to satisfy the requirements of this article in respect of an application for planning permission at the time the application is referred to the Secretary of State under section 77 (reference of applications to Secretary of State) of the 1990 Act , or any appeal to the Secretary of State is made under section 78 of the 1990 Act , this article continues to apply as if such referral or appeal to the Secretary of State had not been made.

(9) Where paragraph (8) applies, the local planning authority must inform the Secretary of State as soon as they have satisfied the relevant requirements in this article.

(10) In this article—

“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates; and

“requisite notice” means notice in the appropriate form set out in Schedule 3 or in a form substantially to the same effect.

(10A) In this article, when computing the number of days, any day which is a public holiday must be disregarded unless—

(i) the application is an EIA application accompanied by an environmental statement; or

(ii) the application is one to which paragraph (11) applies.

(10B) In this article, in the case of an application for public service infrastructure development, in paragraphs (3)(a), (4)(a)(i), and (6), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for applications for planning permission

16

(1) This article applies where the development to which the application relates is situated within 10 metres of relevant railway land.

(2) The local planning authority must, except where paragraph (3) applies, publicise an application for planning permission by serving requisite notice on any infrastructure manager of relevant railway land.

(3) Where an infrastructure manager has instructed the local planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas (“the instruction”), the local planning authority is not required to notify that infrastructure manager.

(4) The infrastructure manager may withdraw the instruction at any time by notifying the local planning authority in writing.

(5) In paragraph (2) “requisite notice” means a notice in the appropriate form as set out in Schedule 3 or in a form substantially to the same effect.

Notice of reference of applications to the Secretary of State

17

On referring any application to the Secretary of State under section 77 (reference of applications to Secretary of State) of the 1990 Act pursuant to a direction made under that section, a local planning authority must serve on the applicant a notice—

(a) setting out the terms of the direction and any reasons given by the Secretary of State for issuing it; and

(b) stating that the application has been referred to the Secretary of State.

Part 4 — Consultation

Consultations before the grant of permission

18

(1) Subject to paragraph (1A), before granting planning permission for development which, in their opinion, falls within a category set out in the Table in Schedule 4, a local planning authority must consult the authority or person mentioned in relation to that category, except where—

(a) the local planning authority are the authority so mentioned;

(b) the local planning authority are required to consult the authority so mentioned under paragraph 7 of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) or article 24;

(d) the development is subject to any standing advice published by the authority or person so mentioned in relation to the category of development; or

(e) the development is not EIA development and is the subject of an application in relation to which article 20 applies.

(1A) Paragraph (1) does not apply in relation to an application for technical details consent unless the authority or person mentioned in relation to a category in the Table in Schedule 4 has advised the local planning authority by a valid notice that they wish to be consulted in relation to the development.

(1B) For the purposes of paragraph (1A) a notice is valid if it specifies a particular site and it was given in writing to the local planning authority before the date on which the permission in principle to which the application for technical details consent relates was granted.

(2) The exception in paragraph (1)(c) does not apply where, in the opinion of the local planning authority, development falls within paragraph (zb) of the Table in Schedule 4.

(3) The exception in paragraph (1)(d) does not apply where—

(a) the development is EIA development; or

(b) the standing advice was published more than 2 years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being current by the authority or person within that period.

(4) The Secretary of State may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.

(5) Where, by or under this article or article 20, a local planning authority are required to consult any person or body (“consultee”) before determining an application for planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) subject to paragraphs (6) and (8), they must not determine the application until at least 21 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 21 days after the date of service of a copy of the application on the consultee by the applicant.

(6) Paragraph (5)(b) does not apply if before the end of the period referred to in that sub-paragraph—

(a) the local planning authority have received representations concerning the application from all consultees; or

(b) all consultees give notice that they do not intend to make representations.

(7) The local planning authority must, in determining the application, take into account any representations received from any consultee.

(8) In the case of an application for public service infrastructure development, in paragraph (5)(b), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.

Consultations before the grant of planning permission: urgent Crown development

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit

20

(1) Paragraph (2) applies in relation to an application—

(a) made pursuant to section 73 of the 1990 Act (determination of applications to develop land without conditions previously attached);

(b) for planning permission where the development that is the subject of the application—

(i) has not yet begun; and

(ii) was granted planning permission on or before 1st October 2010 subject to a time limit imposed by or under section 91 (general condition limiting duration of planning permission) or 92 (outline planning permission) of the 1990 Act which has not expired; or

(i) has begun in accordance with the terms of, and any reserved matters approved under, an outline planning permission which is required or expressly permitted to be implemented in phases, other than a permission granted on an application made under sub-paragraph (b); and

(ii) was granted that outline planning permission on or before 1st October 2010 subject to a time limit imposed by or under section 91 or 92 of the 1990 Act which has not expired.

(2) Before granting planning permission on an application in relation to which this paragraph applies, the local planning authority must consult such authorities or persons falling within a category set out in the Table in Schedule 4 as the local planning authority consider appropriate.

Consultation with county planning authority

21

(1) Subject to paragraph (2) the period prescribed for the purposes of paragraph 7(7)(c) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) is 21 days.

(2) In the case of an application for public service infrastructure development, in paragraph (1), “21 days” is to be read as if it were a reference to “18 days”.

Duty to respond to consultation

22

(1) The requirements to consult which are prescribed for the purposes of section 54(2)(b) of the 2004 Act (duty to respond to consultation) are those contained in—

(a) articles 18 and 19 and Schedule 4, except as provided for in paragraph (2);

(b) article 20;

(d) paragraphs W(5) and (6) of Part 3 of Schedule 2 to the Permitted Development Order (change of use) ;

(da) paragraph W(6A) of Part 3 of Schedule 2 to the Permitted Development Order as provided for by paragraph MA.2(4)(c) of that Part;

(e) paragraphs BC.3(3), E.3(5) and (6) of Part 4 of Schedule 2 to the Permitted Development Order (temporary buildings and uses);

(ea) paragraph M.2(i)(iii) of Part 7 of Schedule 2 to the Permitted Development Order (extensions etc for schools, colleges, universities, prisons and hospitals);

(f) paragraph A.3(6)(a) and (ab) of Part 16 of Schedule 2 to the Permitted Development Order (development by electronic communications code operators);

(fa) paragraph B(5), (6) and (6A) of Part 20 of Schedule 2 to the Permitted Development Order (construction of new dwellinghouses);

(g) section 71(3) of the 1990 Act (consultations in connection with determinations under section 70);

(h) paragraph 4(2) of Schedule 1 to the 1990 Act ;

(i) paragraph 7 of Schedule 1 to the 1990 Act; and

(j) paragraph 3(b) of Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities) .

(2) A requirement to consult under paragraph (zb)(iii) of Schedule 4 is not a prescribed requirement for the purposes of section 54(2)(b) of the 2004 Act.

(3) Subject to paragraph (6) the period prescribed for the purposes of section 54(4) of the 2004 Act is—

(a) the period of 21 days beginning with the day on which—

(i) the document on which the views of the consultee are sought is received by the consultee, or

(ii) where there is more than one such document and they are sent on different days, the last of those documents is received by the consultee, or

(b) such other period as may be agreed in writing between the consultee and the consultor.

(4) The information to be provided to the consultee for the purposes of the consultation, pursuant to section 54(5)(b) of the 2004 Act, is such information as will enable that person to provide a substantive response.

(5) For the purposes of this article and article 23 and pursuant to section 54(5)(c) of the 2004 Act, a substantive response is one which—

(a) states that the consultee has no comment to make;

(b) states that, on the basis of the information available, the consultee is content with the development proposed;

(d) provides advice to the consultor.

(6) In the case of an application for public service infrastructure development, where the requirements to consult contained in paragraph (1)(a), (b), (c), (h) or (i) apply, the prescribed period of 21 days in paragraph (3) is to be read as if it were a reference to 18 days.

Duty to respond to consultation: annual reports

23

(1) Each consultee who is, by virtue of section 54 of the 2004 Act and article 22, under a duty to respond to consultation, must give to the Secretary of State, not later than 1st July in each year, a report as to that consultee's compliance with section 54(4) of the 2004 Act.

(2) The report must relate to the period of 12 months commencing on 1st April in the preceding year (“the report year”).

(3) The report must contain, in respect of any report year—

(a) a statement as to the number of occasions on which the consultee was consulted by a person other than a local planning authority;

(b) a statement as to the number of occasions on which a substantive response was given to a person other than a local planning authority within the period referred to in section 54(4) of the 2004 Act;

(d) a statement as to the number of occasions on which a substantive response was given to a local planning authority within the period referred to in section 54(4) of the 2004 Act; and

(e) in relation to occasions on which the consultee has given a substantive response outside the period referred to in section 54(4) of the 2004 Act, a summary of the reasons why the consultee failed to comply with the duty to respond within that period.

Recommendations by district planning authority before determination of county matters application

24

(1) Subject to paragraphs (2) and (3), a county planning authority must, before determining—

(a) an application for planning permission under Part 3 of the 1990 Act (control over development),

(b) an application for a certificate of lawful use or development under section 191 or 192 of the 1990 Act (certificates of lawfulness of existing or proposed use or development) , or

give the district planning authority, if any, for the area in which the relevant land lies a period of at least 21 days, from the date of receipt of the application by the district authority, within which to make recommendations about the manner in which the application must be determined; and must take any such recommendations into account.

(2) Paragraph (1) does not prevent a county planning authority determining an application if before the end of the period referred to in that paragraph—

(a) the county planning authority have received recommendations concerning the application from the district planning authority; or

(b) the district planning authority give notice to the county planning authority that they do not intend to make recommendations.

(3) In the case of an application for planning permission for public service infrastructure development, in paragraph (1) “21 days” is to be read as if it were a reference to “18 days”.

(3) A county planning authority must—

(a) on determining an application of a kind mentioned in paragraph (1), as soon as reasonably practicable notify the district planning authority, if any, of the terms of their decision; or

(b) if any such application is referred to the Secretary of State, inform the district planning authority, if any, of the date when it was so referred and, when notified to them, of the terms of the decision.

Representations by parish council before determination of application

25

(1) Subject to paragraph (5) where the council of a parish are given information in relation to an application pursuant to paragraph 8(1) or paragraph 8(3B) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) , they must, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 21 days of the notification to them of the application.

(2) A local planning authority must not determine any application in respect of which a parish are required to be given information before—

(a) the council of the parish inform them that they do not propose to make any representations;

(b) representations are made by that council; or

whichever occurs first; and in determining the application the authority must take into account any representations received from the council of the parish.

(3) The appropriate authority must notify the council of the parish of—

(a) the terms of the decision on any such application; or

(b) where the application is referred to the Secretary of State—

(i) the date when it was so referred; and

(ii) when notified to the appropriate authority, the terms of the Secretary of State's decision.

(4) For the purposes of paragraph (3), the “appropriate authority” is—

(a) where the parish is situated in a National Park, the National Park authority;

(b) where the parish is situated in Greater London or a metropolitan county, and is not situated in a National Park, the local planning authority;

(c) where the parish is situated in a district which has no district council and is not situated in a National Park, the county planning authority;

(d) in any other case, the district planning authority.

(5) In the case of an application for planning permission for public service infrastructure development, in paragraph (1) and sub-paragraph (c) of paragraph (2) “21 days” is to be read as if it were a reference to “18 days”.

Notification of mineral applications

26

(1) Where notice has been given for the purposes of this article to a mineral planning authority as respects land which is in their area and it is specified in the notice—

(a) by the Coal Authority that the land contains coal,

(b) by the Oil and Gas Authority that the land contains gas or oil, or

the mineral planning authority must not determine any application for planning permission to win and work any mineral on that land without first notifying the body or person who gave the notice that an application has been made.

(2) In paragraph (1)(a), “coal” means coal other than that—

(a) won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal; or

(b) which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.

Part 5 — Applications made under a planning condition

Applications made under a planning condition

27

(1) Subject to paragraph (3), an application for any consent, agreement or approval required by a condition or limitation attached to a grant of planning permission must—

(a) be made in writing to the local planning authority and must give sufficient information to enable the authority to identify the planning permission in respect of which it is made; and

(b) include such particulars, and be accompanied by such plans and drawings, as are necessary to deal with the application.

(2) The authority must give notice to the applicant of their decision on the application within a period of 8 weeks beginning with the day immediately following that on which the application is received by the authority, or such longer period as may be agreed by the applicant and the authority in writing.

(3) Paragraphs (1) and (2) do not apply to an application for approval—

(a) of reserved matters ; or

(b) under Schedule 2 to the Permitted Development Order .

(4) Part 7A applies, and paragraphs (1) and (2) do not apply, to the submission of a biodiversity gain plan for approval under—

(a) paragraph 13(2)(a) of Schedule 7A to the 1990 Act, or

(b) paragraph 13(3)(a) or (5)(a) of Schedule 7A to the 1990 Act as modified by the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024.

Deemed discharge

28

(1) Subject to article 30, a planning condition to which section 74A(2) of the 1990 Act applies is deemed to be discharged with effect from the date provided for paragraph (2) where—

(a) the applicant has applied to the local planning authority under article 27; and

(b) the applicant has given notice, in relation to that condition, in accordance with article 29; and

(c) the period for the authority to give notice to the applicant of their decision on the application has elapsed without the authority giving notice to the applicant of their decision.

(2) Deemed discharge takes effect on the date specified in the notice given under article 29 or on such later date as may be agreed by the applicant and the authority in writing, unless the authority has given notice to the applicant of their decision on the application under article 27 before that date.

Deemed discharge notice

29

(1) In order for a planning condition to be deemed discharged under article 28, the applicant must give a notice (“the deemed discharge notice”) to the local planning authority.

(2) A deemed discharge notice may not be given unless—

(a) at least 6 weeks have elapsed beginning with the day immediately following that on which the application under article 27 is received by the local planning authority; or

(b) such shorter period as may be agreed in writing between the applicant and the local planning authority for serving a deemed discharge notice has elapsed.

(3) The deemed discharge notice must—

(a) provide details of the application submitted under article 27 and identify the planning condition to which it relates;

(b) where the period referred to in article 27 has elapsed, confirm that no appeal has been made under section 78 of the 1990 Act ; and

(4) The date specified under paragraph (3)(c) must be no earlier than—

(a) the date the period referred to in article 27 elapses, or

(b) 14 days after the day immediately following that on which the deemed discharge notice is received by the local planning authority,

whichever is later.

Exemptions

30

Deemed discharge under article 28 does not apply to a condition attached to the grant of planning permission where—

(a) the condition falls within the exemptions listed in Schedule 6; or

(b) in relation to that condition, the applicant for planning permission and the local planning authority have agreed in writing that the provisions of section 74A of the 1990 Act (deemed discharge of planning conditions) do not apply.

Part 6 — Determination

Directions by the Secretary of State

31

(1) The Secretary of State may give directions restricting the grant of permission by a local planning authority, either indefinitely or during such a period as may be specified in the directions, in respect of any development or in respect of development of any class so specified.

(2) The Secretary of State may give directions that development, which is both of a description set out in column 1 of the table to Schedule 2 to the 2017 Regulations (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”) and of a class described in the direction, is EIA development for the purposes of those Regulations.

(3) A local planning authority must deal with applications for planning permission for development to which a direction given under paragraph (1) or (2) applies, in such manner as to give effect to the direction.

Development not in accordance with the development plan

32

A local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the Secretary of State under this Order, grant permission for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated.

Representations to be taken into account

33

(1) A local planning authority must, in determining an application for planning permission, take into account any representations made where any notice of, or information about, the application has been—

(a) given by site display under article 13, within 21 days beginning with the date when the notice was first displayed by site display;

(b) served on an owner of the land or a tenant of an agricultural holding under article 13, within 21 days beginning with the date when the notice was served on that person provided that the representations are made by any person who they are satisfied is such an owner or tenant;

(c) published in a newspaper under article 13, within the period of 14 days beginning with the date on which the notice was published;

(d) given by site display under article 15, within 21 days beginning with the date when the notice was first displayed by site display;

(e) served on an adjoining owner or occupier under article 15, within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who they are satisfied is such an owner or occupier;

(f) published in a newspaper or a website under article 15, within the period of 14 days beginning with the date on which the notice or information was published; and

(g) served on an infrastructure manager under article 16, within 21 days beginning with the date when the notice was served on that person provided that the representations are made by any person who they are satisfied is such an infrastructure manager.

(2) For an EIA application accompanied by an environmental statement a local planning authority must, in determining the relevant application, take into account any representations made where any notice of, or information about the application has been—

(a) given by site display under article 13 or 15, within 30 days beginning with the date when the notice was first displayed by site display; and

(b) published in a newspaper under article 13 or 15, or on a website under article 15, within the period of 30 days beginning with the date on which the notice or information was published.

(3) The representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the 1990 Act (consultations in connection with determinations under section 70).

(4) A local planning authority must give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b) and such notice is the notice prescribed for the purposes of section 71(2)(b) of the 1990 Act.

(5) Paragraphs (1) to (4) apply to applications referred to the Secretary of State under section 77 of the 1990 Act (reference of applications to the Secretary of State) ... as if—

(a) a reference to a local planning authority were a reference to the Secretary of State; and

(b) a reference to determining an application for planning permission were a reference to determining such application.

(6) Paragraphs (1)(b),(e) and (g) and (4) apply to appeals 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) as if—

(a) a reference to a local planning authority were a reference to the Secretary of State; and

(b) a reference to determining an application for planning permission were a reference to determining such appeal.

(7) In this article, when computing the number of days, any day which is a public holiday must be disregarded unless—

(a) the application is an EIA application accompanied by an environmental statement;

(b) the computation is for the purpose of the period specified in sub-paragraphs (a), (b) (c) or (g) of paragraph (1); or

(8) In the case of an application for public service infrastructure development, in sub-paragraphs (d),(e) and (g) of paragraph (1), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.

Time periods for decisions

34

(1) Subject to paragraph (9), where a valid application or a non-validated application has been received by a local planning authority, the authority must within the period specified or referred to in paragraph (2) or (3) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.

(2) The period specified or referred to in this paragraph is—

(a) subject to sub-paragraph (aa), in relation to an application for major development, 13 weeks beginning with the day immediately following that on which the application is received by the local planning authority;

(aa) in relation to an application for technical details consent for major development, or an application for development which is public infrastructure development, 10 weeks beginning with the day immediately following that on which the application is received by the local planning authority;

(b) subject to sub-paragraph (bb), in relation to an application for development which is not major development, 8 weeks beginning with the day immediately following that on which the application is received by the local planning authority; or

(bb) in relation to an application for technical details consent which is not major development, 5 weeks beginning with the day immediately following that on which the application is received by the local planning authority;

(c) in relation to any development, unless the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing between the applicant and the local planning authority.

(3) In relation to a non-validated application, where the notice mentioned in article 12(1) is received—

(a) during the 7 working days immediately before the end of the period specified or referred to in paragraph (2) (“the initial determination period”); or

(b) on the final day of, or after the end of, the initial determination period,

the period specified or referred to in this paragraph is 7 working days beginning with the date the notice mentioned in article 12(1) is received by the local planning authority.

(4) In this article “valid application” means an application which consists of—

(a) an application which complies with the requirements of article 5, 6 or 7, as the case may be,

(b) in a case to which article 9 applies, the design and access statement,

(ba) in the case of an application to which article 9A applies, the fire statement;

(d) in a case where pre-application consultation is required in accordance with article 3, the particulars specified in article 4,

(e) subject to paragraph (6), the particulars or evidence required by the authority under section 62(3) of the 1990 Act (applications for planning permission) , and

(f) any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment,

and a valid application is taken to have been received when the application, and such of the documents, particulars or evidence referred to above as are required to be included in, or to accompany, the application have been lodged with the appropriate authority mentioned in article 11(1) and the fee required to be paid has been paid.

(5) In this article “non-validated application” means an application which consists of—

(a) an application which complies with the requirements of article 5, 6 or 7, as the case may be;

(b) in a case to which article 9 applies, the design and access statement;

(ba) in the case of an application to which article 9A applies, the fire statement;

(d) in a case where pre-application consultation is required in accordance with article 3, the particulars referred to in article 4 ;

(e) subject to paragraph (6), the particulars or evidence required by the authority under section 62(3) of the 1990 Act (applications for planning permission) except the particulars or evidence specified by the applicant in a notice sent to the local planning authority under article 12(1); and

(f) any fee required to be paid in respect of the application and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment,

and a non-validated application is taken to have been received when the application, and such of the documents, particulars or evidence (except the particulars or evidence specified by the applicant in a notice sent to the authority under article 12(1)) referred to above as required to be included in, or, to accompany, the application have been lodged with the appropriate authority mentioned in article 11(1), and the fee required to be paid has been paid.

(6) Paragraphs (4)(e) and (5)(e) only apply if—

(a) before the application is made the local planning authority publish or republish, for the purposes of paragraphs (4) and (5), a list of requirements on their website; and

(b) the particulars or evidence that the authority require to be included in the application fall within that list;

(i) are reasonable having regard, in particular, to the nature and scale of the proposed development; and

(ii) are about a matter which it is reasonable to think will be a material consideration in the determination of the application; and

(d) the list mentioned in sub-paragraph (a) was published (or republished) during the 2 year period immediately before the date on which the application is made.

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

(a) sub-paragraph (a) or (b) of paragraph (2), as the case may be, has effect as if, for “the application is received by the local planning authority”, there were substituted “ the local planning authority are satisfied that they have received the full amount of the fee ”; and

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

(8) A local planning authority must provide such information about applications made under article 5, 6 or 7 (including information as to the manner in which any such application has been dealt with) as the Secretary of State may by direction require; and any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided.

(9) A local planning authority must not determine an application for planning permission where any notice of, or information about, the application has been—

(a) given by site display under article 13, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(b) served on an owner of the land or a tenant of an agricultural holding under article 13, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c) published in a newspaper under article 13, within the period of 14 days beginning with the date on which the notice was published;

(d) given by site display under article 15, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(e) served on an adjoining owner or occupier under article 15, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(f) published in a newspaper or a website under article 15 within the period of 14 days beginning with the date on which the notice or information was published; and

(g) served on an infrastructure manager under article 16, before the end of the period of 21 days beginning with the date when the notice was served on that person.

(9A) For an EIA application accompanied by an environmental statement a local planning authority must not determine an application for planning permission where any notice of, or information about, the application has been—

(a) given by site display under article 13 or 15, before the end of the period of 30 days beginning with the date when the notice was first displayed by site display; and

(b) published in a newspaper under article 13 or 15 or on a website under article 15, within the period of 30 days beginning with the date on which the notice or information was published.

(9B) The periods in paragraphs (9) and (9A) are periods prescribed for the purposes of section 71(1) of the 1990 Act (consultations in connection with determinations under section 70).

(9C) When computing the number of days in sub-paragraphs (d) to (f) of paragraph (9), any day which is a public holiday must be disregarded.

(10) In the case of an application for public service infrastructure development, in sub-paragraphs (d),(e), and (g) of paragraph (9), in each place it occurs, “21 days” is to be read as if it were a reference to “18 days”.

Written notice of decision or determination relating to a planning application

35

(1) When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters—

(za) where planning permission is granted, the notice must include—

(i) information relating to the condition in paragraph 13 of Schedule 7A to the 1990 Act (biodiversity gain condition) including that there are exemptions, transitional arrangements and requirements relating to irreplaceable habitat,

(ii) information to note the effect of section 73(2D) of the 1990 Act (earlier biodiversity gain plan in relation to a previous planning permission regarded as approved for purposes of paragraph 13 of Schedule 7A),

(iii) details of the planning authority under paragraph 12(1) of Schedule 7A (biodiversity gain in England), and

(iv) where development is to proceed in phases and the modifications in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply, a statement to that effect and to the effect that biodiversity gain plans are required before development may be begun and required before each phase of development may be begun;

(a) where planning permission is granted subject to conditions, the notice must state clearly and precisely their full reasons—

(i) for each condition imposed; and

(ii) in the case of each pre-commencement condition, for the condition being a pre-commencement condition;

(b) where planning permission is refused, the notice must state clearly and precisely their full reasons for the refusal, specifying all policies and proposals in the development plan which are relevant to the decision;

(i) the Secretary of State has given a direction restricting the grant of planning permission for the development for which application is made; or

(ii) the Secretary of State or a government department has expressed the view that the permission should not be granted (either wholly or in part) or should be granted subject to conditions,

the notice must give details of the direction or of the view expressed.

(1A) References in paragraph (1)(a) to a condition do not include a condition under paragraph 13 of Schedule 7A (the biodiversity gain condition).

(2) Where paragraph (1)(a) or (b) applies, the notice must also include a statement explaining, whether, and if so how, in dealing with the application, the local planning authority have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application.

(3) Where paragraph (1)(a), (b) or (c) applies, the notice must be accompanied by a notification in the terms (or substantially in the terms) set out in Schedule 5.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In paragraph (1)(a)(ii) “pre-commencement condition” means a condition imposed on the grant of a planning permission which must be complied with—

(a) before any building or other operation comprised in the development is begun; or

(b) where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.

Part 7 — Appeals

Notice of appeal

36

Articles 13 and 14 apply to any appeal to the Secretary of State under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) as those articles apply to applications for planning permission.

Appeals

37

(A1) This article does not apply to an appeal to the Secretary of State under section 78 of the 1990 Act for not approving or not determining a biodiversity gain plan (see Part 7A, article 37E).

(1) An applicant who wishes to appeal to the Secretary of State under section 78 of the 1990 Act must give notice of appeal to the Secretary of State by—

(a) serving on the Secretary of State within—

(i) the time limit specified in paragraph (2); or

(ii) such longer period as the Secretary of State may, at any time, allow,

a completed appeal form, obtained from the Secretary of State, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and

(b) serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a), as soon as reasonably practicable, together with a copy of the documents mentioned in paragraph (3)(b)(viii) to (x) (where those paragraphs apply), and any relevant documents mentioned in paragraph (3)(b)(v).

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

(a) in the case of a householder or minor commercial 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;

(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 5(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 an appeal made under section 78(1) of the 1990 Act—

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

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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