The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000

Statutory Instruments

2000 No. 1627

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000

Made

20th June 2000

Laid before Parliament

27th June 2000

Coming into force

1st August 2000

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 59, 74, 78 and 333(7) of the Town and Country Planning Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000 and shall come into force on 1st August 2000.

(2) This Order extends to England only.

Interpretation

2.  In this Order—

“the 1995 Order” means the Town and Country Planning (General Development Procedure) Order 1995(2).

Change to Article 22: Written notice of decision or determination relating to a planning application

3.  In article 22(1)(a) of the 1995 Order, after “condition imposed” insert—

“, specifying all policies and proposals in the development plan which are relevant to the decision”.

Change to Article 23: Appeals

4.  In article 23 of the 1995 Order after paragraph (3) insert—

“(4) The Secretary of State may refuse to accept a notice of appeal from an applicant if the documents required under paragraphs (1) and (3) are not served on him within the time limit specified in paragraph (2).”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions.

Nick Raynsford

Minister of State,

Department of the Environment, Transport and the Regions

20th June 2000

Explanatory Note

(This note is not part of the Order)

This Order amends articles 22 and 23 of the Town and Country Planning (General Development Procedure) Order 1995 (“the 1995 Order”).

Article 22 of the 1995 Order relates to the written notice to be given by the local planning authority when a decision or determination relating to a planning application is made. A notice must state the full reasons for a refusal or conditional grant. This Order amends that article by requiring the local planning authority, in addition, to specify details of all policies and proposals in the development plan relevant to the decision (article 3).

Article 23 of the 1995 Order relates to the procedure for commencing an appeal. This Order amends that article by giving the Secretary of State an express discretion to refuse to accept a notice of appeal if the information required is not provided within the requisite time limit (article 4).

A Regulatory Impact Appraisal has been prepared in relation to the Order. It has been placed in the Library of each House of Parliament and copies may be obtained from PD3B, Department of the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU (Telephone [phone]).

(1)

1990 c. 8: to which there are amendments not relevant to this Order: the functions of the Secretary of State under sections 59, 74, 78 and 333(7) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see entry in Schedule 1 for the Town and Country Planning Act 1990 (c. 8).

(2)

1995/419, to which there are amendments not relevant to this Order.