The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

Section 62A of the Town and Country Planning Act 1990 (“the 1990 Act”) provides that a local planning authority may be designated by the Secretary of State. Where an authority is designated a person applying for planning permission for major development may choose to submit their application to the Secretary of State for determination.

This Order sets out the procedures in connection with applications under section 62A of the 1990 Act. The procedures are modelled on the procedures for planning applications submitted to local planning authorities (set out in the Town and Country Planning (Development Management Procedure) (England) Order 2010).

This Order is part of a package of provisions in relation to section 62A applications—

(a) the procedures to be followed in relation to relevant applications made directly to the Secretary of State under section 62A of the Town and Country Planning Act 1990 are set out in this Order;

(b) the fees to be charged in relation to section 62A applications and pre-application advice are prescribed in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, which were amended by the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013;

(c) the rules in relation to hearings held to consider relevant applications are set out in the Town and Country Planning (Section 62A Application) (Hearings) Rules 2013;

(d) the provisions which apply where the application is to be determined by way of written representations, instead of a hearing, are set out in the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013.

In particular, this Order provides for:

• the content and the procedure in relation to the making of planning applications and reserved matter applications made under section 62A of the 1990 Act, including the requirements for a design and access statement;

• the applicant to serve a notice on the owners of the land to which the application relates; provides for the Secretary of State to notify the relevant local planning authority where an application has been made to him and for the authority to provide information to the Secretary of State in relation to the land to which the application relates;

• the Secretary of State and the local planning authority to publicise the application, the former on his website and by newspaper notice and the latter by site notice and by serving the adjoining properties;

• the Secretary of State to consult the relevant planning authorities and certain statutory consultees in relation to the application (who must provide a substantive reply within 21 days);

• the Secretary of State to make copies of the representations made available on his website;

• the time period within which the Secretary of State is to make a decision in relation to an application and the requirements as to publication of the decision;

• the Secretary of State to notify the Mayor of London where a relevant application in relation to land in Greater London is a development of potential strategic importance (as defined in the Town and Country (Mayor of London) Order 2008) and also the criteria the Mayor must apply if he wishes to call in such an application;

• amendments to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, including a new regulation 10A which provides the procedure where an EIA application is submitted to the Secretary of State without an environmental statement.

This Order implements section 1 of, and Schedule 1 to, the Growth and Infrastructure Act 2013. That Act was subject to a full impact assessment which can be found at www.legislation.gov.uk. Copies of that impact assessment may be obtained from the Planning Directorate, 1^st Floor, Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU.