E.3—(1) The following provisions apply where under Class E a developer is required to make an application to a local planning authority for a determination as to whether the prior approval of the authority will be required.
(2) The application must be accompanied by—
(a)a written description of the proposed development;
(b)a plan indicating the site and showing the proposed development;
(c)the developer’s contact address;
(d)the developer’s email address if the developer is content to receive communications electronically; and
(e)a site-specific flood risk assessment,
together with any fee required to be paid.
(3) The local planning authority may refuse an application where, in the opinion of the authority—
(a)the proposed development does not comply with, or
(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,
any conditions, limitations or restrictions specified in Class E as being applicable to the development in question.
(4) Sub-paragraphs (5) to (8) and (10) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.
(5) On receipt of the application, where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—
(a)where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;
(b)the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and
(c)the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.
(6) On receipt of the application, the local planning authority must consult the Environment Agency(1) where the development is—
(a)in an area within Flood Zone 2 or Flood Zone 3; or
(b)in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.
(7) The local planning authority must notify the consultees referred to in sub-paragraphs (5) and (6) specifying the date by which they must respond (being not less than 21 days from the date the notice is given).
(8) The local planning authority must give notice of the proposed development—
(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
(i)describes the proposed development;
(ii)provides the address of the proposed development;
(iii)specifies the date by which representations are to be received by the local planning authority; or
(b)by serving a notice in that form on any adjoining owner or occupier.
(9) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—
(a)assessments of impacts or risks; or
(b)statements setting out how impacts or risks are to be mitigated.
(10) The local planning authority must, when determining an application—
(a)take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8); and
(b)have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012(2), so far as relevant to the subject matter of the prior approval, as if the application were a planning application.
(11) The development must not begin before the occurrence of one of the following—
(a)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
(b)the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
(c)the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
(12) The development must be carried out—
(a)where prior approval is required, in accordance with the details approved by the local planning authority;
(b)where prior approval is not required, or where sub-paragraph (11)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),
unless the local planning authority and the developer agree otherwise in writing.
(13) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.
A body established under section 1 of the Environment Act 1995 (c. 25).
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf A copy of which may be inspected at the Planning Directorate, the Department for Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.
