This is the original version (as it was originally made).
(This note is not part of the Regulations)
These Regulations amend the Town and Country Planning (Development Management Procedure) (England) Order 2015 (“the DMP Order 2015”), the Planning (Listed Building and Conservation Areas) Regulations (“the 1990 Regulations”) and the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (“the TCP EIA Regulations 2017”) to enable applications for planning permission, applications for listed building consent, applications for variation or discharge of conditions attached to listed building consent, applications for planning permission affecting the setting of listed buildings or affecting the character and appearance of a conservation area and applications by local planning authorities for listed building consent for the demolition, alteration or extension of a listed building in their area, to be publicised by electronic means during the period when it may be difficult to provide such publication by site display, by service of notice on an adjoining owner or occupier and in newspapers, due to the effect of coronavirus, including restrictions on movement.
Regulation 4 of these Regulations inserts new provisions into article 15 of the DMP Order 2015 to enable local planning authorities who are unable to give requisite notice by site display or by serving notice on an adjoining owner or occupier or by publication of the notice in a newspaper to instead publicise the notice by electronic means.
Regulation 5 makes further amendments to articles 15 and to articles 33 and 34 of the DMP Order 2015 to allow for a longer period of time for representations to be made once notice is given by publication in a newspaper or website.
Regulation 6 inserts new provisions into article 40 of the DMP Order 2015 to remove the obligation on local planning authorities to make their planning register available for physical inspection, if they are unable to do so, and to require them to publish it online instead.
Regulations 8, 9, 10 and 11 insert new provisions into regulations 2, 5, 5A, and 13 of the 1990 Regulations to enable local planning authorities who are unable to advertise an application by site display or by publication of a notice in a newspaper, or make it available for physical inspection, to publicise the application and make it available for inspection by electronic means.
Regulation 14 inserts new provisions into regulation 19 of the TCP EIA Regulations 2017 in order that service, submission, sending or forwarding of the environmental statement, or related documents, must be done so by electronic means where possible, and that service on an address shall be read to include an email address. Regulation 15 inserts new provisions into regulation 20 of the TCP EIA Regulations 2017 to enable an applicant who is unable to give requisite notice by site display or by publication of the notice in a newspaper to instead publicise the notice by electronic means.
Regulation 16 inserts new regulation 23A into the TCP EIA Regulations 2017 and provides an exception to the requirement to ensure availability of copies of environmental statements at a named address but instead requires that notices publicise where the environmental statement is available online.
Regulation 17 amends regulation 25 of the TCP EIA Regulations 2017 and inserts new provisions to enable the recipient of further information and evidence respecting environmental statements who is unable to give requisite notice by publication of the notice in a newspaper to instead publicise the notice by electronic means, and to remove the requirement for physical inspection of copies of that information at an address.
The amendments made by these regulations are time limited and will expire on 31 December 2020.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.
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