The Town and Country Planning (Permission in Principle) Order 2017

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

2.—(1) The Town and Country Planning (Development Management Procedure) (England) Order 2015(1) is amended as follows.

(2) In article 15 (publicity for applications for planning permission)—

(a) after paragraph (4) insert—

“(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.”;

(b) in paragraph (5) for “neither paragraph (2) nor paragraph (4) applies” substitute “paragraphs (2), (4) or (4A) do not apply”; and

(c) in paragraph (6) after “paragraph (3)(a), (4)(a)(i)” insert “, (4A)(b)”.

(3) In article 18 (consultations before grant of permission)—

(a) in paragraph (1) at the beginning insert “Subject to paragraph (1A),”;

(b) after paragraph (1) insert—

“(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.”.

(4) In article 34 (time period for decisions)—

(a) in sub-paragraph (a) of paragraph (2), at the beginning insert “subject to sub-paragraph (aa),”;

(b) after sub-paragraph (a) of paragraph (2) insert—

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

(c) in sub-paragraph (b) of paragraph (2), at the beginning insert “subject to sub-paragraph (bb),”; and

(d) after sub-paragraph (b) of paragraph (2) insert—

“(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;”.

(5) In article 37(3) (appeals) after paragraph (iii) of sub-paragraph (b) insert—

“(iiia) where the application was an application for technical details consent, details of the relevant permission in principle;”.

(6) In Schedule 1 (letter to be sent to an applicant on receipt of application) for “in case of applications for major development, 13 weeks, or in all other cases, 8 weeks,”, in both places, substitute—

“in the case of applications for technical details consent for major development, 10 weeks,

in the case of other applications for major development, 13 weeks,

in the case of applications for technical details consent which is not major development, 5 weeks,

in the case of any other applications, 8 weeks,”.

(7) In Schedule 3 (requisite notice) at the end insert the notice set out below—

   

(1)

S.I. 2015/595.