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Part 3Applications

General requirements: applications for planning permission including outline planning permission

7.—(1) Subject to paragraphs (3) to (5), an application for planning permission must—

(a)be made in writing to the local planning authority on a form published by the Secretary of State (or a form to substantially the same effect);

(b)include the particulars specified or referred to in the form;

(c)except where the application is made pursuant to section 73 (determination of applications to develop land without conditions previously attached) or section 73A(2)(c) (planning permission for development already carried out) of the 1990 Act(1) or is an application of a kind referred to in article 20(1)(b) or (c), be accompanied, whether electronically or otherwise, by—

(i)a plan which identifies the land to which the application relates;

(ii)any other plans, drawings and information necessary to describe the development which is the subject of the application;

(iii)except where the application is made by electronic communications or the local planning authority indicate that a lesser number is required, 3 copies of the form; and

(iv)except where they are submitted by electronic communications or the local planning authority indicate that a lesser number is required, 3 copies of any plans, drawings and information accompanying the application.

(2) Any plans or drawings required to be provided by paragraph (1)(c)(i) or (ii) must be drawn to an identified scale and, in the case of plans, must show the direction of North.

(3) Except where article 5(3) applies, an application for outline planning permission does not need to give details of any reserved matters.

(4) Subject to paragraph (5), an application for planning permission for development consisting of mining operations or the use of land for mineral-working deposits must—

(a)be made on a form provided by the local planning authority (or on a form to substantially the same effect);

(b)include the particulars specified or referred to in the form; and

(c)comply with the requirements of paragraph (1)(c).

(5) In the case of an application for planning permission for development consisting of mining operations for the winning and working of oil or natural gas by underground operations (including exploratory drilling)—

(a)where the application is made pursuant to section 73 or 73A(2)(c) of the 1990 Act or is an application of a kind referred to in article 20(1)(b) or (c), the application must be made in accordance with paragraph (4);

(b)in any other case, the application must be made in accordance with paragraph (1).

(6) Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is taken to have agreed—

(a)to the use of such communications by the local planning authority for the purposes of the application;

(b)that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and

(c)that the applicant’s deemed agreement under this paragraph subsists until the applicant gives notice in writing of the withdrawal of consent to the use of electronic communications under article 46.

(1)

Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the 2004 Act and section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).