The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025

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

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

(2) After article 8 (applications in respect of Crown land) insert—

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 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025(2) (“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.”.

(3) In article 15 (publicity for applications for planning permission), omit paragraph (11).

(4) Omit article 19 (consultations before the grant of planning permission: urgent Crown development).

(5) In article 33 (representations to be taken into account)—

(a) in paragraph (5), omit the words from “and to applications” to “development)”, and

(b) in paragraph (7), omit sub-paragraph (c).

(6) In article 37 (appeals), in paragraph (4), omit sub-paragraph (b).

(7) In article 40 (register of applications and biodiversity gain plans)—

(a) in paragraph (4)(d), omit “, on an application under section 293A(2) of the 1990 Act (urgent Crown development)”, and

(b) omit paragraph (11).

(8) In Schedule 4 (consultations before the grant of permission), omit paragraph (d) of the table.

(1)

S.I. 2015/595, relevant amending instruments are S.I. 2016/873, 2017/402, 2018/119, 2020/505, 2021/746 and 2024/50.

(2)

S.I. 2025/409.