The Town and Country Planning (General Development Procedure) Order 1995

Time periods for decision

20.—(1) Subject to paragraph (5), where a valid application under article 4 or regulation 3 of the 1988 Regulations (applications for planning permission) has been received by a local planning authority, they shall within the period specified in paragraph (2) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.

(2) The period specified in this paragraph is—

(a)a period of eight weeks beginning with the date when the application was received by a local planning authority;

(b)except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing between the applicant and the local planning authority by whom the application falls to be determined; or

(c)where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured, the appropriate period specified in (a) or (b) above calculated without regard to any time between the date when the authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied that they have received the full amount of the fee.

(3) For the purposes of this article, the date when the application was received shall be taken to be the date when each of the following events has occurred—

(a)the application form or application in writing has been lodged with the authority mentioned in article 5(1);

(b)any certificate or documents required by the Act or this Order has been lodged with that authority; and

(c)any fee required to be paid in respect of the application has been paid to that authority and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment.

(4) A local planning authority shall provide such information about applications made under article 4 or regulation 3 of the 1988 Regulations (including information as to the manner in which any such application has been dealt with) as the Secretary of State may by direction require; and any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided.

(5) Subject to paragraph (6), a local planning authority shall not determine an application for planning permission, where any notice of the application has been—

(a)given by site display under article 6 or 8, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(b)served on—

(i)an owner of the land or a tenant of an agricultural holding under article 6, or

(ii)an adjoining owner or occupier under article 8,

before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c)given by local advertisement under article 6 or 8, before the end of the period of 14 days beginning with the date on which the notice was published,

and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the Act (consultations in connection with determinations under section 70).

(6) Where, under paragraph (5), more than one of the prescribed periods applies, the local planning authority shall not determine the application before the end of the later or latest of such periods.