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The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020

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Amendments to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

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9.  After regulation 19, insert—

Exceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 31st December 2021

19A.(1) Paragraphs (2) to (4) apply during the period beginning with 24th December 2020 and ending with 31st December 2021 if—

(a)a relevant planning authority is required to provide notice to a person under regulation 19(3)(d), and

(b)the relevant planning authority is not able to do one or more of the following—

(i)make a copy of the documents referred to in regulation 20(2)(d) available at an address in the locality under regulation 20(2)(e);

(ii)make a copy of the documents referred to in regulation 20(2)(d) available at an address in the locality under regulation 20(2)(g),

because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1) the relevant planning authority must take reasonable steps to inform the person to whom notice must be given under regulation 19(3)(d) of the following information contained in a notice—

(a)a statement that an application is being made for planning permission or subsequent consent to the relevant planning authority;

(b)the name and address of the relevant planning authority;

(c)the date on which the application was made;

(d)(if relevant) a statement that the application has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State and the address of the Secretary of State;

(e)the address or location and the nature of the proposed development;

(f)a statement that—

(i)a copy of the application for planning permission, any accompanying plan and other documents, and a copy of the environmental statement; and

(ii)in the case of a subsequent application, a copy of the planning permission in respect of which that subsequent application has been made and supporting documents,

may be inspected by members of the public on a website (“the website”) maintained by or on behalf of the authority;

(g)details of the website on which the environmental statement and the other documents referred to in sub-paragraph (f)(i) and (ii) have been made available under article 15(7) of the Order;

(h)a statement that the information mentioned in sub-paragraph (f)(i) and (ii) will be available to be inspected by the public on the website for 30 days beginning with the day on which both—

(i)that information is published on the website; and

(ii)a statement is made under sub-paragraph (i);

(i)a statement that any representations to be made by a person about the application must—

(i)be made in writing;

(ii)be submitted before the expiry of the 30 days mentioned in sub-paragraph (h); and

(iii)be submitted to the relevant planning authority, or in the case of an appeal or an application referred to the Secretary of State, to the Secretary of State; and

(j)the email address to which representations should be sent.

(3) Regulation 19(7) applies to a notice under paragraph (2).

(4) If the relevant planning authority complies with the requirements set out in paragraph (2) that authority is treated as having discharged the obligation set out in regulation 19(3)(d)..

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