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

Representations by neighbourhood forum before determination of application

25A

• (1) Where a neighbourhood forumfor a neighbourhood areaare given information in relation to an application underparagraph 8A(1)orparagraph 8A(1B)ofSchedule 1to the 1990 Act (local planning authorities: distribution of functions)—

• (a) subject to paragraph (2) the forum must, as soon as practicable, notify the local planning authority who are determining the application whether the forum proposes to make 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 the forum of the application; and

• (b) article 25(2) to (4) applies in relation to any such application as if any reference to a council of a parish or to the parish (however expressed) were a reference to the neighbourhood forum or neighbourhood area, as appropriate.

• (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”.

Notification of mineral applications

Fire Statements

9A

• (1) Paragraph (4) applies to an application for planning permission for—

• (a) development which involves the provision of one or more buildings to which paragraph (2) applies (“a relevant building”);

• (b) development of an existing relevant building; or

• (c) development within the curtilage of a relevant building.

• (2) This paragraph applies to a building which satisfies the height condition in paragraph (3) and contains—

• (a) two or more dwellings; or

• (b) educational accommodation.

• (3) The height condition is that—

• (a) the building is 18 metres or more in height; or

• (b) the building contains 7 or more storeys.

• (4) An application for planning permission to which this paragraph applies, must, except where paragraph (6) applies, be accompanied by a statement (“a fire statement”) about the fire safety design principles, concepts and standards that have been applied to the development.

• (5) A fire statement must—

• (a) be on a form published by the Secretary of State (or a form substantially to the same effect); and

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

• (6) This paragraph applies—

• (a) where—

• (i) the application is for a material change in use of a relevant building; and

• (ii) the material change of use would result in the building no longer being a relevant building;

• (b) where the application is—

• (i) for a material change in use of land or buildings within the curtilage of a relevant building; and

• (ii) the material change of use would not result in the provision of one or more relevant buildings;

• (c) to an application for outline planning permission;

• (d) to an application for permission to develop land without compliance with conditions previously attached made pursuant to section 73 of the 1990 Act.

• (7) For the purpose of paragraph (3)—

• (a) the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms);

• (b) when determining the number of storeys a building has—

• (i) any storey which is below ground level is to be ignored; and

• (ii) any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level.

• (8) For the purpose of this article a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

• (9) In this article—

• “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

• “boarder” includes a student who boards during the week but not at weekends;

• “dwelling” includes a flat;

• “educational accommodation” means—residential accommodation for the use of students who are boarders at school in connection with them attending a school; orresidential accommodation for the use of students attending higher education courses, further education courses or courses at 16 to 19 Academies;

• “further education” has the meaning given by section 2 of the Education Act 1996;

• “ground level”, in relation to a building, means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground on which the building is situated or is to be situated is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

• “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 or an equivalent course outside England;

• “school” has the meaning given by section 4 of the Education Act 1996.

Applications for non-material changes to planning permission

General provisions relating to applications

Validation dispute

Notice of applications for planning permission

Certificates in relation to notice of applications for planning permission

Publicity for applications for planning permission

Notice of reference of applications to the Secretary of State

PART7A — Biodiversity Gain Plan

Meaning of biodiversity gain hierarchy

37A

In this Part, “biodiversity gain hierarchy” means the following actions in the following order of priority—

• (a) in relation to onsite habitat with a habitat distinctiveness score, applied in the biodiversity metric, equal to or higher than four—

• (i) avoiding adverse effects of the development, or

• (ii) insofar as those adverse effects cannot be avoided, mitigating those effects;

• (b) in relation to any onsite habitat which is adversely affected by the development, compensating for that adverse effect by—

• (i) habitat enhancement of onsite habitat;

• (ii) insofar as there cannot be that enhancement, creation of onsite habitat;

• (iii) insofar as there cannot be that creation, the availability of registered offsite biodiversity gain for allocation to the development;

• (iv) insofar as registered offsite biodiversity gain cannot be allocated to the development, the purchase of biodiversity credits.

Form and timing of submission

37B

A biodiversity gain plan submitted to a planning authority must be submitted—

• (a) in writing;

• (b) no earlier than the day after the day on which formal notification is given of the decision to grant planning permission.

Additional content of plan

37C

• (1) In addition to the matters referred to in paragraph 14(2) of Schedule 7A to the 1990 Act (biodiversity gain plan), and for the purposes of paragraph 14(3) of Schedule 7A to the 1990 Act (others matters to be included), a biodiversity gain plan must include the matters referred to in paragraphs (2) to (5).

• (2) A biodiversity gain plan must include—

• (a) the name and address of—

• (i) the person completing, and

• (ii) if different, the person submitting,

the plan;

• (b) the reference number of the planning permission to which the plan relates;

• (c) a description of the development to which the plan relates;

• (d) a description of arrangements for maintenance of habitat enhancement to which paragraph 9(3) of Schedule 7A to the 1990 Act applies (habitat enhancement which must be maintained for at least 30 years after the development is completed) and arrangements for monitoring that maintenance;

• (e) subject to paragraph (3), a description of the actions to be taken for the purpose of applying the biodiversity gain hierarchy, including any reasons for not following the order of priority.

• (3) Paragraph (2)(e) does not apply in relation to any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat.

• (4) Where development is not to proceed in phases, the biodiversity gain plan must also include—

• (a) the relevant date, and if the relevant date is a date which is earlier than that specified in paragraph 5(2)(a) of Schedule 7A to the 1990 Act, the reasons for this;

• (b) the completed biodiversity metric calculation tool or tools (as the case may be), stating the publication date of that tool and showing how the values specified in the biodiversity gain plan have been calculated;

• (c) 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—

• (i) a statement that such activities have been carried out;

• (ii) confirmation of the date immediately before those activities were so carried out;

• (iii) a completed biodiversity metric calculation tool, stating the publication date of that tool and showing the calculation of the biodiversity value of the onsite habitat on that date; and

• (iv) any available supporting evidence for the date referred to in paragraph (ii) and for the value referred to in paragraph (iii);

• (d) 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—

• (i) is on the land to which the plan relates, and

• (ii) exists on the relevant date;

• (e) pre-development plans—

• (i) showing the location of onsite habitat including any irreplaceable habitat on the relevant date;

• (ii) drawn to an identified scale and showing the direction of North;

• (f) post-development plans—

• (i) showing the location of onsite habitat including any irreplaceable habitat;

• (ii) drawn to an identified scale and showing the direction of North;

• (g) in relation to any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat, arrangements for compensation for any impact the development has on the biodiversity of the onsite habitat.

• (5) Where development is to proceed in phases—

• (a) the biodiversity gain plan required before development may be begun in accordance with paragraph 13(3)(a) of the 1990 Act (as modified by the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024) (overall plan) must also include—

• (i) the relevant date, and if the relevant date is a date which is earlier than that specified in paragraph 5(2)(a) of Schedule 7A to the 1990 Act, the reasons for this;

• (ii) the completed biodiversity metric calculation tool or tools (as the case may be), stating the publication date of that tool and showing how the values specified in that biodiversity gain plan have been calculated;

• (iii) 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) statement that such activities have been carried out,

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

• (cc) a completed biodiversity metric calculation tool, stating the publication date of that tool and showing the calculation of the biodiversity value of the onsite habitat on that date, and

• (dd) any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in sub-paragraph (cc);

• (iv) 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 plan relates, and

• (bb) exists on the relevant date;

• (v) pre-development plans—

• (aa) showing the location of onsite habitat including any irreplaceable habitat on the relevant date;

• (bb) drawn to an identified scale and showing the direction of North;

• (vi) in relation to any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat, arrangements for compensation for any impact the development has on the biodiversity of the onsite habitat;

• (b) the biodiversity gain plan for a phase of development required in accordance with paragraph 13(5)(a) of the 1990 Act (as modified by the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024) (phase plan) must also include—

• (i) the reference number of any planning permission decision, other than the planning permission to which the biodiversity gain plan relates, which the person submitting the plan considers is relevant to the phase of development;

• (ii) the completed biodiversity metric calculation tool or tools (as the case may be), stating the publication date of that tool and showing how the values specified in that biodiversity gain plan have been calculated;

• (iii) 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 plan relates, and

• (bb) exists on the relevant date;

• (iv) post-development plans for the phase of development—

• (aa) showing the location of onsite habitat including any irreplaceable habitat;

• (bb) drawn to an identified scale and showing the direction of North;

• (v) information about the steps taken or to be taken to minimise the adverse effect of the phase of development on the biodiversity of the onsite habitat;

• (vi) in relation to any part of the development to which the biodiversity gain plan relates where the onsite habitat of that part is irreplaceable habitat, arrangements for compensation for any impact the development has on the biodiversity of the onsite habitat.

• (6) In this article—

• (a) “post-development biodiversity value of the onsite habitat of the phase of development”, and related expressions, have the same meaning as “post-development biodiversity value of the onsite habitat” in paragraphs 8 and 9 of Schedule 7A to the 1990 Act (post-development biodiversity value) but as if references in those paragraphs to “the onsite habitat” were references to “the onsite habitat on the land to which the phase of development relates”;

• (b) a reference to a development proceeding in phases is a reference to a development where—

• (i) outline planning permission has been granted and the reservation of matters for subsequent approval has the effect of requiring or permitting development to proceed in phases, or

• (ii) any kind of planning permission has been granted and the grant is subject to conditions (whether requiring the subsequent approval of other matters or otherwise) having that effect.

Determination

37D

• (1) The planning authority must give written notice to the person submitting the biodiversity gain plan of its determination whether to approve that plan within—

• (a) the period of eight weeks beginning with the day after the day on which that plan is received by the planning authority, or

• (b) such longer period as is agreed, in writing, by the person submitting that plan and the planning authority.

• (2) In determining whether to approve a biodiversity gain plan, the planning authority must take into account—

• (a) how the biodiversity gain hierarchy is to be applied, and

• (b) subject to paragraph (3), where the order of priority specified in that hierarchy is not to be applied—

• (i) the reason for that, or

• (ii) the absence of a reason.

• (3) Paragraph (2) does not apply in relation to any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat.

• (4) Where the planning authority that has given written notice under paragraph (1) is not the local planning register authority, the planning authority must, within five working days beginning with the day after the day of that written notice, send to the local planning register authority—

• (a) a copy of the biodiversity gain plan submitted under paragraph 13 of Schedule 7A to the 1990 Act, including all plans, drawings and other documents submitted with the biodiversity gain plan;

• (b) notice of the determination whether to approve the biodiversity gain plan including the date of that notice and the name of the planning authority.

• (5) Where the planning authority makes a determination not to approve the biodiversity gain plan, the notice provided under paragraph (1) must state clearly and precisely their full reasons for the determination, specifying all elements of the biodiversity gain plan which are relevant to the determination.

• (6) In this article—

• “the local planning register authority” has the same meaning as in article 40(1);

• “working day” means a day which is not a Saturday, Sunday or public holiday.

Appeals

37E

• (1) This article applies where a local planning authority—

• (a) makes a determination not to approve a biodiversity gain plan, or

• (b) does not give written notice of its determination whether to approve a biodiversity gain plan within the period required under article 37D(1).

• (2) Where this article applies, a person who has submitted a biodiversity gain plan 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 (3), 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 (4) as are relevant to the appeal, and

• (b) serving on the planning authority referred to in paragraph (1) 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 (4)(f) where that paragraph applies.

• (3) The time limit mentioned in paragraph (2) is six months from—

• (a) the date of the notice of the determination not to approve the biodiversity gain plan giving rise to the appeal, or

• (b) where no such notice has been given, the expiry of the period specified under article 37D(1)(a) or (b), as the case may be.

• (4) The documents mentioned in paragraph (2) are—

• (a) a copy of the application for planning permission sent to the local planning authority, to which the biodiversity gain plan relates;

• (b) all plans, drawings and other documents sent to the local planning authority relating to that application;

• (c) all correspondence with the local planning authority relating to the determination whether to approve the biodiversity gain plan;

• (d) the notice of the determination not to approve the biodiversity gain plan, if any;

• (e) the biodiversity gain plan;

• (f) subject to paragraph (5)—

• (i) the full statement of case of the person who submitted the biodiversity gain plan (if they wish to make additional representations);

• (ii) a statement of which procedure (written representations, a hearing or inquiry) the person who submitted the biodiversity gain plan considers should be used to determine the appeal;

• (iii) a draft statement of common ground if the person submitting the biodiversity gain plan considers that the appeal should be determined through a hearing or an inquiry.

• (5) The documents required in paragraph (4)(f) are not required to accompany the notice under paragraph (2) where a direction is given by the Secretary of State under section 321(3) of the 1990 Act (matters related to national security).

• (6) The Secretary of State may refuse to accept a notice of appeal from the person who submitted the biodiversity gain plan if the completed appeal form required under paragraph (2)(a) and the documents required under paragraph (4) are not served on the Secretary of State within the time limit specified in paragraph (3).

• (7) 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.

• (8) Where a person gives notice of appeal to the Secretary of State using electronic communications, the person is 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 subsists until notice is given in accordance with article 46 that the person wishes to revoke the agreement.

• (9) In this article, “draft statement of common ground” and “full statement of case” have the same meaning as in article 37(8) (appeals).

Register of applications and biodiversity gain plans

Crown development: applications referred to local planning authority by the Secretary of State

8A

• (1) Where the Secretary of State refers an application to the local planning authority under section 293D(7) of the 1990 Act and directs that the application is to be treated as having been made to that authority (“the referred application”), paragraphs (2) to (4) apply.

• (2) Any references in this Order to the date of an application or to the date on which an application is made are to be interpreted in relation to the referred application as whichever is the later of—

• (a) the date on which the local planning authority receives the referred application from the Secretary of State;

• (b) the date on which the local planning authority receives the application fee from the applicant.

• (3) Articles 13 (notice of applications for planning permission) and 14 (certificates in relation to notice of applications for planning permission) do not apply in relation to the referred application provided—

• (a) the applicant complied with the notice requirements specified in article 9 the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (“the 2025 Order”) when the original application was made to the Secretary of State under section 293D of the 1990 Act, and

• (b) the application includes the certificate required by article 10 of the 2025 Order.

• (4) Where paragraph (3) provides for articles 13 and 14 not to apply in relation to the referred application, the references to article 13 contained in article 34(9) and (9A) (time periods for decision) are to be interpreted as references to the equivalent provisions of article 9 of the 2025 Order.

Design and access statements

Fire Statements

Applications for non-material changes to planning permission

General provisions relating to applications

Validation dispute

Notice of applications for planning permission

Certificates in relation to notice of applications for planning permission

Publicity for applications for planning permission within 10 metres of relevant railway land

Notice of reference of applications to the Secretary of State