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

Representations to be taken into account

6.  After article 22 of the 1988 Order insert—

“Representations to be taken into account

22A.— (1) A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been—

(a) given by site display under article 12 or 12B, within 21 days beginning with the date when the notice was first displayed by site display;

(b) served on—

(i) an owner of the land or a tenant of an agricultural holding under article 12, or

(ii) an adjoining owner or occupier under article 12B,

• within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them he is such an owner, tenant or occupier; or

(c) given by local advertisement under article 12 or 12B, within 14 days beginning with the date on which the notice was published,

and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Act.

(2) A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.

(3) Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Act, as if the references to—

(a) a local planning authority were to the Secretary of State, and

(b) determining an application for planning permission were to determining such application or appeal, as the case may be.”.