3. The Town and Country Planning (Development Management Procedure) (England) Order 2015(1) is amended in accordance with regulations 4 to 6.
4. In article 15, after paragraph (7) insert—
“(7A) Paragraph (7B) applies—
(a)in the case of an application made to a local planning authority to which paragraph (1A), (2), (4), (4A) or (5) applies; and
(b)if the local planning authority to which the application is made is not able to give requisite notice by one or more of the following methods (as may be required by paragraph (1A), (2), (4), (4A) or (5))—
(i)by site display;
(ii)by serving the notice on an adjoining owner or occupier; or
(iii)by publication of the notice in a newspaper;
because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
(7B) In a case falling within paragraph (7A), the local planning authority must—
(a)comply with the requirement to give requisite notice as required by paragraph (1A), (2), (4), (4A) or (5) (as the case may be), only to the extent that it is reasonably practicable to do so;
(b)take reasonable steps to inform any persons who are likely to have an interest in the application of the website mentioned in paragraph (7); and
(c)publish the requisite notice on that website.
(7C) If the local planning authority complies with the requirements set out in paragraph (7B) that authority is discharged of its obligation to give requisite notice as required by paragraph (1A), (2), (4), (4A) or (5)—
(a)by site display;
(b)by serving the notice on an adjoining owner or occupier; or
(c)by publication of the notice in a newspaper;
in so far as such notice was not given because the authority was not able to do so under paragraph (7A)(b).
(7D) In paragraph (7B)(b)—
(a)the persons who are likely to have an interest in an application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and
(b)the reasonable steps that are taken by the local planning authority—
(i)may include use of social media and communication by electronic means; and
(ii)must be proportionate to the scale and impact of the development.
(7F) In paragraph (7A)(b) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).”.
5. In articles 15(7)(c), 33(1)(f) and 34(9)(f) and in the first form in Schedule 3 (in point (f)(ii) at the end), for “14 days” in each place it occurs, substitute “21 days”.
6. In article 40, after paragraph (14) insert—
“(15) Paragraph (16) applies if the local planning register authority is not able to comply with the obligation set out in paragraph (12) because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
(16) If the local planning register authority falls within paragraph (15) that authority must keep the register using electronic storage and must make the register available for inspection by the public on a website maintained by the authority for that purpose.
(17) If the local planning register authority complies with the requirements of paragraph (16) that authority is to be treated as having complied with paragraph (12) and the address where the register may be inspected is to be treated as the website where the register is kept.
(18) In paragraph (15) “coronavirus” has the same meaning as in article 15(7F).”.
S.I. 2015/595. Relevant amending instruments are S.I.2017/402, 2017/571 and 2018/119. The amendments made by these Regulations apply in relation to England only.