The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018

PART 3 Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

10.  The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(1) is amended as follows.

Amendment of article 2

11.  In article 2(1) (interpretation)—

(a) after “outline planning permission” insert—

““public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971(2) is a bank holiday in England;” and

(b) in the definition of “working day” omit the words “Bank Holiday” and “other”.

Amendment of article 13

12.  In article 13 (publicity for relevant applications: Secretary of State), after paragraph (4) insert—

“(5) When computing the number of days in sub-paragraph (c) of paragraph (4), any day which is a public holiday must be disregarded unless the application is an EIA application accompanied by an environmental statement.”.

Amendment of article 14

13.  In article 14 (publicity for relevant applications: designated planning authority), after paragraph (5) insert—

“(6) When computing the number of days in paragraphs (2)(a) and (3)(a), any day which is a public holiday must be disregarded unless the application is an EIA application accompanied by an environmental statement.”.

Amendment of article 23

14.  In article 23 (time periods for decisions), for paragraph (4) substitute—

“(4) Subject to paragraph (4A), the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—

(a) published in a newspaper under article 9, within the period of 14 days beginning with the date when the notice was published;

(b) served on an owner of the land or tenant of an agricultural holding under article 9, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c) given by site display under article 9, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

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

(e) published on a website under article 13(1), within the period of 21 days beginning with the date on which the information was published;

(f) served on an adjoining owner or occupier under article 14, before the end of the period of 21 days beginning with the date on which the notice was served on that person;

(g) given by site display under article 14, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(h) served on an infrastructure manager under article 14A, before the end of the period of 21 days beginning with the date when the notice was served on that person.

(4A) When computing the number of days in sub-paragraphs (d) to (g) of paragraph (4), any day which is a public holiday must be disregarded.”.

Amendment of article 37

15.  In article 37 (publicity for applications: Secretary of State), after paragraph (2) insert—

“(3) When computing the number of days in paragraph (1)(c), any day which is a public holiday must be disregarded.”.

Amendment of article 38

16.  In article 38 (publicity for applications: designated planning authority), after paragraph (3) insert—

“(4) When computing the number of days in paragraphs (1)(a) and (2), any day which is a public holiday must be disregarded.”.

Amendment of article 45

17.  In article 45 (time periods for decisions), for paragraph (3) substitute—

“(3) Subject to paragraph (4), the Secretary of State must not determine a connected listed building application(3), where any notice of, or information about, the application has been—

(a) published in a newspaper under article 33, within the period of 14 days beginning with the date on which the notice was published;

(b) served on an owner of the land under article 33, before the end of the period of 21 days beginning with the date on which the notice was served on that person;

(c) published in a newspaper under article 37, within the period of 14 days beginning with the date on which the notice was published;

(d) published on a website under article 37(1), within the period of 21 days beginning with the date on which the information was published; and

(e) given by site display under article 38, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display.

(3A) When computing the number of days in sub-paragraphs (c) to (e) of paragraph (3), any day which is a public holiday must be disregarded.”.

Amendment of Schedule 2

18.  In Schedule 2, in the notice, in the last box beginning with the word “Insert”, for paragraph (e) substitute—

“(e) date giving a period (as the case may be) of—

(i) 14 days beginning with the date when the notice is published in a newspaper under article 13; or

(ii) 21 days beginning with the date when the notice is first displayed on or near the site or served on an owner/occupier of adjoining land under article 14; or

(iii) 21 days beginning with the date the notice is served on an infrastructure manager under article 14A; or

(iv) 30 days beginning with the date the notice is published, displayed or served in relation to an EIA application accompanied by an environmental statement;

and when computing the number of days in sub-paragraphs (i) and (ii), any day which is a public holiday must be disregarded.”.

(1)

S.I. 2013/2140; relevant amending instruments are S.I.2014/1532, 2015/797, 2016/944, 2017/571.

(2)

1971 c.80.

(3)

See article 2(1) of S.I. 1990/1519 for the definition of “connected listed building application”.