The Town and Country Planning General (Amendment) (England) Regulations 2013

Amendment of the Town and Country Planning General Regulations 1992

2.—(1) The Town and Country Planning General Regulations 1992(1) are amended as follows—

(2) In regulation 3 (applications for planning permission) for the words “Subject to regulation 4” substitute “Subject to regulations 4 and 4A”.

(3) After regulation 4 insert—

Applications for planning permission: relevant demolition

4A— (1) Regulation 3 does not apply in relation to an application made by an interested planning authority which relates solely to development which is relevant demolition within the meaning of section 196D of the 1990 Act(2).

(2) Any such application shall be made to the Secretary of State.

(3) Any such application shall be in the form of an application to the interested planning authority.

(4) Before determining such an application the Secretary of State shall, if the interested planning authority wishes, give them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5) Where an interested planning authority have made an application under paragraph (2) they shall, before sending it to the Secretary of State—

(a) publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the development which is the subject of the application and naming a place within the locality where a copy of the application, and of the plans and other documents which it is intended to submit to the Secretary of State with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and

(b) for not less than 21 days display on or near the building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above; and

(c) for not less than 21 days publish on a website maintained by the interested planning authority the following information—

(i) the address or location of the proposed works;

(ii) the nature of the proposed works;

(iii) the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;

(iv) where and when the application may be inspected; and

(v) how representations may be made about the application.

(6) An application by an interested planning authority to the Secretary of State under paragraph (2) above shall be accompanied by a copy of all representations duly made in relation to the application.

(7) An application by the county planning authority to the Secretary of State under paragraph (2) above, together with any accompanying documents required by this regulation, shall be made to the district planning authority who shall forthwith send it on to the Secretary of State.

(8) The Secretary of State may serve any notice authorised to be served by an interested planning authority in relation to a building in a conservation area.”

(1)

S.I. 1992/1492; amended by SI 1992/1892 and S.I. 1998/2800. There are other amendments to S.I. 1992/1492 but none are relevant to these Regulations.

(2)

Section 196D was inserted into the 1990 Act by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).