The Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, in relation to England, the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419) which sets out the procedure for matters including planning applications.

The Order prescribes the application procedure for non-material changes to planning permission for the purposes of the new section 96A of the Town and Country Planning Act 1990 which was inserted by section 190 of the Planning Act 2008. Applicants must apply on a standard form, and must notify other owners, and notice of a decision must be given within 28 days (article 2(4)).

The Order modifies the consultation requirements in respect of applications under section 73 of the Town and Country Planning Act 1990 to vary conditions attached to a previous permission (article 2(5), (6) and (7)). The requirement in article 4E(4) to provide information sufficient to identify the previous permission is removed (article 2(3)(b)).

The Order also amends the procedure for planning applications which are made for a planning permission to replace an extant permission, granted on or before 1st October 2009, for development which has not yet begun, with a new planning permission subject to a new time limit. For such applications, the requirement to provide a design and access statement will not apply; consultation requirements are modified; and plans and drawings will not have to be provided (article 2(2), (3)(a), (5), (6) and (7)).

An impact assessment has been prepared in relation to this Order. The assessment has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (Telephone [phone]).