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The Town and Country Planning (Applications) Regulations 1988

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Statutory Instruments

1988 No. 1812

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Applications) Regulations 1988

Made

21st October 1988

Laid before Parliament

31st October 1988

Coming into force

5th December 1988

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in the exercise of the powers conferred on them by sections 25 and 287(1) of the Town and Country Planning Act 1971(1) and all other powers enabling them in that behalf, hereby make the following regulations:—

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Applications) Regulations 1988 and shall come into force on 5th December 1988.

Interpretation

2.  In these regulations, unless the context otherwise requires—

“the Act” means the Town and Country Planning Act 1971;

“building” does not include any plant or machinery or a structure or erection of the nature of plant or machinery;

“outline planning permission” means planning permission for the erection of a building, subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters, that is to say—

(a)

siting,

(b)

design,

(c)

external appearance,

(d)

means of access,

(e)

the landscaping of the site.

Applications for planning permission

3.—(1) Subject to the following provisions of this regulation, an application for planning permission shall—

(a)be made on a form provided by the local planning authority;

(b)include the particulars specified in the form and be accompanied by a plan which identifies the land to which it relates and any other plans and drawings and information necessary to describe the development which is the subject of the application; and

(c)except where the authority indicate that a lesser number is required, be accompanied by 3 copies of the form and the plans and drawings submitted with it.

(2) In the case of an application for outline planning permission, details need not be given of any proposed reserved matters.

(3) An application—

(a)for renewal of planning permission where—

(i)a planning permission has previously been granted for development which has not yet begun, and

(ii)a time limit was imposed under section 41 (limit of duration of planning permission) or section 42 (outline planning permission) of the Act which has not yet expired, or

(b)under section 31A (an application for the variation of a condition subject to which the planning permission was granted) or 32(1)(b) (an application for permission to retain buildings or works or continue the use of land without compliance with a condition),

shall be made in writing and give sufficient information to enable the authority to identify the previous grant of planning permission and any condition in question.

Directions by the local planning authority

4.  The local planning authority who are to determine an application may direct an applicant in writing to—

(a)supply any further information and, except in the case of outline applications, plans and drawings necessary to enable them to determine the application; or

(b)provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars of information given to them.

Nicholas Ridley

Secretary of State for the Environment

20th October 1988

Peter Walker

Secretary of State for Wales

21st October 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the requirements for applications for planning permission under the Town and Country Planning Act 1971. They also provide for the giving of directions by a local planning authority about further information and the supply of evidence.

These Regulations replace certain provisions of the Town and Country Planning General Development Order 1977 (S.I. 1977/289), the remainder of which is now consolidated in the Town and Country Planning General Development Order 1988 (S.I. 1988/1813). There are no significant changes to the provisions replaced by these Regulations. Applications for approval of reserved matters and applications to determine whether planning permission is required are dealt with in articles 8 and 9 of the Town and Country General Development Order 1988.

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