The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018

Amendment of article 34

6.  In article 34 (time periods for decisions) for paragraph (9) substitute—

“(9) A local planning authority must not determine an application for planning permission where any notice of, or information about, the application has been—

(a) given by site display under article 13, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(b) served on an owner of the land or a tenant of an agricultural holding under article 13, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c) published in a newspaper under article 13, within the period of 14 days beginning with the date on which the notice was published;

(d) given by site display under article 15, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(e) served on an adjoining owner or occupier under article 15, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(f) published in a newspaper or a website under article 15 within the period of 14 days beginning with the date on which the notice or information was published; and

(g) served on an infrastructure manager under article 16, before the end of the period of 21 days beginning with the date when the notice was served on that person.

(9A) For an EIA application accompanied by an environmental statement a local planning authority must not determine an application for planning permission where any notice of, or information about, the application has been—

(a) given by site display under article 13 or 15, before the end of the period of 30 days beginning with the date when the notice was first displayed by site display; and

(b) published in a newspaper under article 13 or 15 or on a website under article 15, within the period of 30 days beginning with the date on which the notice or information was published.

(9B) The periods in paragraphs (9) and (9A) are periods prescribed for the purposes of section 71(1) of the 1990 Act (consultations in connection with determinations under section 70).

(9C) When computing the number of days in sub-paragraphs (d) to (f) of paragraph (9), any day which is a public holiday must be disregarded.”.