PART 3PLANNING PERMISSION

CHAPTER 5APPLYING FOR PLANNING PERMISSION AND RELATED APPROVALS

Failure to comply with requirements for applications

60Planning authority to give notice that application is not valid

(1)

This section applies where an application is made to a planning authority for—

(a)

planning permission,

(b)

approval of a reserved matter, or

(c)

any other consent, agreement or approval required by a condition or limitation subject to which planning permission has been granted.

(2)

The planning authority must give notice to the applicant if it considers that—

(a)

it must not consider the application because a requirement mentioned in section 59 has not been complied with, or

(b)

a period specified under section 63(2)(f) or 73(4) does not begin to run in relation to the application because a requirement imposed by the authority under section 56(4) has not been complied with.

(3)

In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b) or (c), the planning authority must also give notice to the applicant if it considers that the application does not comply with a term of the planning permission imposing a requirement in relation to—

(a)

the form or content of the application or how it must be made, or

(b)

the form or content of any documents or other materials to be included with the application.

(4)

A notice under this section must—

(a)

identify the requirement to which it relates, and

(b)

set out the planning authority’s reasons for considering that the requirement has not been complied with.

(5)

Regulations may make provision about the giving of notice under this section (including provision about information to be included in a notice and how and when it must be given).