The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016

Amendments to the Procedure Order

2.—(1) The Procedure Order is amended as follows.

(2) In article 2(1) (interpretation) insert each of the following definitions in the appropriate place—

““the 2013 Regulations” means the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013(1);”;

““major development” has the meaning given in regulation 3(5) of the 2013 Regulations;”;

““non-major development” has the meaning given in regulation 3(5) of the 2013 Regulations;”;

““relevant application” has the same meaning as in section 62A of the 1990 Act;”.

(3) In article 7 (design and access statements), for paragraph (1) substitute—

“(1) Subject to paragraph (3), a design and access statement must accompany a relevant application in respect of—

(a) major development; or

(b) non-major development any part of which is in a designated area and which consists of—

(i) the provision of one or more dwellinghouses; or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.”.

(4) After paragraph (3) insert—

“(4) In this article—

“design and access statement” means a statement about—

(a)

the design principles and concepts that have been applied to the development concerned; and

(b)

how issues relating to access to the development have been dealt with; and

“designated area” means—

(a)

a conservation area; or

(b)

a World Heritage Site, that being a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and National Heritage(2).”.

(5) For articles 13 and 14 (publicity requirements) substitute—

Publicity for relevant applications: introductory

12A.— (1) For the purposes of articles 13 and 14 a “special development application” means any relevant application which—

(a) is an application in respect of EIA development which is accompanied by an environmental statement;

(b) is in respect of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or

(c) is in respect of development which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981(3) (public rights of way) applies.

(2) For the purposes of articles 13 and 14, a “standard major development application” means any relevant application in respect of major development which is not a special development application.

(3) For the purposes of articles 13 and 14, a “standard non-major development application” means any relevant application in respect of non-major development which is not a special development application.

(4) For the purposes of articles 13 and 14, “the requisite notice”, in relation to a relevant application, means notice in the form set out in Schedule 2.

Publicity for relevant applications: Secretary of State

13.— (1) This article applies where the Secretary of State receives a relevant application which is a valid application within the meaning of article 8.

(2) Where the application is a special development application or a standard major development application, the Secretary of State must—

(a) within 5 working days of receipt of the application, publish the required information about it on a website maintained by the Secretary of State; and

(b) as soon as reasonably practicable following receipt of the application—

(i) make copies of the application and any document accompanying it available on such a website; and

(ii) arrange for the publication of the requisite notice in relation to the application in a newspaper circulating in the locality in which the land to which the application relates is situated.

(3) Where the application is a standard non-major development application, the Secretary of State must—

(a) within 5 working days of receipt of the application, publish the required information about it on a website maintained by the Secretary of State; and

(b) as soon as reasonably practicable following receipt of the application make copies of the application and any document accompanying it available on such a website.

(4) In this article, “the required information”, in relation to a relevant application, means—

(a) the address or location of the proposed development;

(b) a description of the proposed development;

(c) the date by which any representations about the application must be made, which must not be before the last day of the period of 14 days beginning with the date on which the information is published;

(d) details of where and when the application may be inspected; and

(e) the Secretary of State’s address for receipt of representations about the application.

Publicity for relevant applications: designated planning authority

14.— (1) This article applies where the designated planning authority receives a notice under article 11(2) (information to be provided to the designated planning authority by the Secretary of State in relation to a relevant application).

(2) Where the notice relates to a special development application, the designated planning authority must within 5 working days —

(a) give the requisite notice by site display in at least one place on or near the land to which the application relates for not less than 21 days; and

(b) send a copy of the requisite notice to the Secretary of State.

(3) Where the notice under article 11(2) relates to a standard major development application or a standard non-major development application, the designated planning authority must within 5 working days—

(a) give the requisite notice in relation to the application by—

(i) site display of the requisite notice in at least one place on or near the land to which the application relates for not less than 21 days; or

(ii) serving the requisite notice on each adjoining owner or occupier; and

(b) send a copy of the requisite notice to the Secretary of State.

(4) Where a designated planning authority is required to give the requisite notice in relation to an application under this article by site display, but without any fault or intention on the part of the authority the notice is removed, obscured or defaced before the 21 day period specified in paragraph (2)(a) or (3)(a)(i) has elapsed, the authority is treated as having complied with the requirements of paragraph (2)(a) or (3)(a)(i) if they have taken reasonable steps to—

(a) protect the notice; and

(b) if necessary, provide for its replacement.

(5) In this article “adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates.”.

(6) In article 23 (time periods for decision) in paragraph (2)—

(a) in sub-paragraph (b) for “any other relevant application” substitute “a relevant application in respect of major development not within sub-paragraph (a)”;

(b) omit the “or” after sub-paragraph (b); and

(c) after sub-paragraph (b) insert—

“(ba) in relation to a relevant application in respect of non-major development not within sub-paragraph (a), 8 weeks beginning with the day immediately following that on which the application is received by the Secretary of State; or”.

(7) In article 45 (time periods for decision) in paragraph (2)—

(a) in sub-paragraph (a) at the beginning, insert “where the application for listed building consent is connected to a relevant application in respect of major development”;

(b) omit the “or” after sub-paragraph (a); and

(c) after sub-paragraph (a) insert—

“(aa) where the application for listed building consent is connected to a relevant application in respect of non-major development, 8 weeks beginning with the day immediately following that on which the application is received by the Secretary of State; or”.

(8) After article 49 (other provisions applying to connected listed building applications: written representations) insert—

“PART 8 Review

Review

50.— (1) The Secretary of State must from time to time—

(a) carry out a review of this Order; and

(b) prepare and publish a report setting out the conclusions of the review.

(2) A report prepared under paragraph (1)(b) must, in particular—

(a) set out the objectives intended to be achieved by this Order;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report must be published by the end of September 2021.

(4) Subsequent reports must be published at intervals not exceeding 5 years.

(5) In this article, “regulatory provision” has the meaning given by section 32 of the Small Business, Enterprise and Employment Act 2015(4).”.

(9) In Schedule 2 (publicity for applications for planning permission) after the words “NOTICE UNDER ARTICLE” insert “13,”.

(1)

S.I. 2013/2142.

(2)

See http://whc.unesco.org/en/list/

(3)

1981 c.69; see section 66(1) for definition of “right of way to which this Part applies”.

(4)

2015 c. 26.