The Town and Country Planning General Development (Amendment) (No. 4) Order 1992

Notice of applications for planning permission

3.—(1) For article 12 of the 1988 Order substitute—

“Notice of application for planning permission

12.— (1) Subject to paragraph (2), an applicant for planning permission shall 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 him; and

(b) where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement after the prescribed date.

(2) In the case of a minerals application by underground working, instead of giving notice in the manner provided for by paragraph (1), the applicant shall 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 who the applicant knows to be such a person and whose name and address is known to him;

(b) by local advertisement after the prescribed date; and

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

(3) The notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) name 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.

(4) The applicant shall not be treated as having failed to satisfy the requirements of paragraph (2)(c) if the notice is, without any fault or intention of his, removed, obscured or defaced before the period of seven days referred to in that paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.

(5) (a) The date prescribed for the purposes of section 65(2) of the Act, and the “prescribed date” for the purposes of this article, is the day 21 days before the date of the application;

(b) The applications prescribed for the purposes of paragraph (c) of the definition of “owner” in section 65(8) of the 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.

(6) In this article—

• “minerals applications” mean applications for planning permission for develop-ment consisting of the winning and working of minerals;

• “requisite notice” means notice in the appropriate form set out in Part 1 of Schedule 4 to this Order; 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

12A.— (1) Where an application for planning permission is made, the applicant shall certify, in the appropriate form prescribed in Part 2 of Schedule 4 hereto, that the requirements of article 12 have been satisfied.

(2) If an applicant has cause to rely on paragraph (4) of article 12, the certificate must state the relevant circumstances.”.

(2) In article 10 of the 1988 Order (general provisions relating to applications)—

(a) in paragraph (2)(a) for “section 27 (notification to owners and agricultural tenants) of the Act” substitute “article 12A”;

(b) in paragraph (2)(b) for “section 27 of the Act” substitute “article 12A”.

(3) In article 26 of the 1988 Order (appeals)—

(a) omit paragraph (3)(d);

(b) in paragraph (3)(e) for “section 26 or 27 of the Act” substitute “article 12A”.