Statutory Instruments
2021 No. 746
Town And Country Planning, England
The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021
Made 22nd June 2021
Laid before Parliament 24th June 2021
Coming into force 16th July 2021

The Secretary of State makes this Order in exercise of the powers conferred by sections 59(1), 62(1), 65(1), 69(1), 71(1) and (2), 74(1), 76C(2) and (3) and 333(1), (2A) and (7) of, and paragraphs 6(1), 7(7)(c) and 8(6) of Schedule 1 to the Town and Country Planning Act 1990, sections 54(4) and 122(3) of the Planning and Compulsory Purchase Act 2004 and section 33 of the Growth and Infrastructure Act 2013.
1990 c. 8. (”the 1990 Act”). Section 59 was amended by the Planning (Wales) Act 2015, (2015 anaw 4), see sections 27 and 55 and Schedules 4 and 7. Section 62 was amended by paragraph 8(2) of Schedule 12 to the Housing and Planning Act 2016 (c. 22) (“the 2016 Act”). Section 62A was inserted by section 1 of the Growth and Infrastructure Act 2013 (c. 27) (“the 2013 Act”) and by section 153 of the 2016 Act. Section 65 was substituted by section 16 of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), Section 69 was substituted by paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”) and section 69(2) and (4) were amended by section 190 of the Planning Act 2008 (c. 29). Section 71 was amended by section 82 of the 2004 Act and paragraph 15 of Schedule 12 to the 2016 Act. Section 74(1) was amended by paragraph 17 of Schedule 12 to the 2016 Act. Section 76C was added by paragraph 5 of Schedule 1 to the 2013 Act and amended by paragraph 18 of Schedule 12 to the 2016 Act. Section 293A was inserted by section 82 of the 2004 Act and amended by paragraph 34 of Schedule 12 to the 2016 Act. Section 333 was amended by paragraph 32(12) of, and Schedule 10 to, the Environment Act 1995 (c. 8) and section 118(1) of, and Schedule 6 to the 2004 Act. Paragraph 7 of Schedule 1 was amended by paragraph 1 of Schedule 8 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) and by paragraph 4 of Schedule 12 to the 2016 Act. Paragraph 8 of Schedule 1 was substituted by paragraph 53(5) of the 1991 Act and amended by paragraph 41 of Schedule 12 to the 2016 Act and section 2 of the Neighbourhood Planning Act 2017 (c. 20) (“the 2017 Act”). Paragraph 8A of Schedule 1 was added by section 142 of the 2016 Act and amended by section 2 of the 2017 Act. There are other amendments not relevant to this instrument.
2004 c. 5.
2013 c. 27.

PART 1

Citation, commencement and application
1. (1) This Order may be cited as the Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021.
(2) This Order applies in relation to England only.
(3) This Order comes into force on 16th July 2021.
(4) Article 19(2) of this Order applies in relation to applications for planning permission made on or after the coming in to force of this Order.
See section 336 of the 1990 Act for the definition of “planning permission”.
(5) The remaining provisions of this Order apply in relation to applications for planning permission made on or after 1 August 2021.
PART 2

Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015
2. The Town and Country Planning (Development Management Procedure) (England) Order 2015 is amended in accordance with articles 3 to 19.
S.I. 2015/595. Relevant amending instruments are S.I. 2017/402, S.I. 2017/571, S.I. 2018/119, S.I. 2020/505 and S.I. 2020/1398.

Amendment of article 2 (interpretation)
3. (1) Article 2 is amended in accordance with paragraphs (2) to (6).
(2) After the definition of “contaminated land” insert—

““criminal justice accommodation” means—
(a) a prison within the meaning of the Prison Act 1952; or
1952 c. 52. Section 43 was substituted by section 38(1) of the Criminal Justice and Courts Act 2015 (c. 2).
(b) a place for the detention of young persons within the meaning of section 43 of that Act;”.

(3) After the definition of “floor space” insert—

““health service hospital” means a hospital vested in—
(a) an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 2014; or
2014 c. 23.
(b) the Secretary of State for the purpose of his functions under the National Health Services Act 2006;
2006 c. 41, as amended by the Health and Social Care Act 2012 (c. 7).
“hospital” means—
(a) an institution for the reception and treatment of persons suffering from illness;
(b) a maternity home; or
(c) an institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;”.

(4) After the definition of “householder application” insert—

““illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;
1983 c. 20. See section 1(2); section 1(2) was substituted by section 1(1) and (2) of the Mental Health Act 2007 (c. 12).”.

(5) After the definition of “public holiday” insert—

““public service infrastructure development” means major development, which is not EIA development, where the main purpose of the development is—
(a) the provision of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or
1992 c. 13. Section 91 was amended by paragraph 1 of Schedule 11 to the Learning and Skills Act 2000 (c. 21) (“the 2000 Act”), paragraph 13 of Schedule 8 to the Apprenticeship Skills and Learning Act 2009 (c. 22), paragraph 26 of Schedule 8 and paragraph 25 of Schedule 11 to the Higher Education and Research Act 2017 (c. 29), regulation 4 of S.I. 2019/1027.
(iv) criminal justice accommodation; or
(b) works for the extension or alteration of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or
(iv) criminal justice accommodation;”.

(6) After the definition of “scale” insert—

““school or institution within the further education sector” means a school or institution within the further education sector which is—
(a) an Academy within the meaning of the Academies Act 2010;
2010 c. 32. See the definitions in sections 1A to 1C and 15 of that Act. Sections 1A to 1C were inserted by section 53(7) of the Education Act 2011 (c. 21) (“the 2011 Act”).
(b) a school maintained by a local authority as defined in section 142(1) of the School Standards and Framework Act 1998;
1998 c. 31 (“the 1998 Act”). In the definition the words “local authority” were substituted by paragraph 10(2) of Schedule 2(1) to S.I. 2010/1158.
(c) a school which is specially organised to make special educational provision for pupils with special educational needs and is approved by the Secretary of State under section 342 of the Education Act 1996;
1996 c. 56 (“the 1996 Act”). Section 342 was substituted by paragraph 82 of Schedule 30 to the 1998 Act and amended by section 142 and paragraph 1 of Schedule 2 to the Education and Skills Act 2008 (c. 25) and paragraph 37 of Schedule 3 to the Children and Families Act 2014 (c. 6).
(d) an independent education institution approved under section 41 of the Children and Families Act 2014; or
2014. c. 6.
(e) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;”.

Insertion of new article 9A
4. After article 9 insert—

“Fire Statements
9A (1) Paragraph (4) applies to an application for planning permission for—
(a) development which involves the provision of one or more buildings to which paragraph (2) applies (“a relevant building”);
See section 336 of the 1990 Act for the definition of “building”.
(b) development of an existing relevant building; or
(c) development within the curtilage of a relevant building.
(2) This paragraph applies to a building which satisfies the height condition in paragraph (3) and contains—
(a) two or more dwellings; or
(b) educational accommodation.
(3) The height condition is that—
(a) the building is 18 metres or more in height; or
(b) the building contains 7 or more storeys.
(4) An application for planning permission to which this paragraph applies, must, except where paragraph (6) applies, be accompanied by a statement (“a fire statement”) about the fire safety design principles, concepts and standards that have been applied to the development.
(5) A fire statement must—
(a) be on a form published by the Secretary of State (or a form substantially to the same effect); and
(b) include the particulars specified or referred to in the form.
(6) This paragraph applies—
(a) where—
(i) the application is for a material change in use of a relevant building; and
(ii) the material change of use would result in the building no longer being a relevant building;
(b) where the application is—
(i) for a material change in use of land or buildings within the curtilage of a relevant building; and
(ii) the material change of use would not result in the provision of one or more relevant buildings;
(c) to an application for outline planning permission;
See section 92 of the 1990 Act for the definition of “outline planning permission”.
(d) to an application for permission to develop land without compliance with conditions previously attached made pursuant to section 73 of the 1990 Act.
(7) For the purpose of paragraph (3)—
(a) the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms);
(b) when determining the number of storeys a building has—
(i) any storey which is below ground level is to be ignored; and
(ii) any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level.
(8) For the purpose of this article a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.
(9) In this article—
“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;
2010 c. 32. Section 1B was inserted by section 53(7) of the 2011 Act.
“boarder” includes a student who boards during the week but not at weekends;
“dwelling” includes a flat;
“educational accommodation” means—
(a) residential accommodation for the use of students who are boarders at school in connection with them attending a school; or
(b) residential accommodation for the use of students attending higher education courses, further education courses or courses at 16 to 19 Academies;
“further education” has the meaning given by section 2 of the Education Act 1996;
1996 c. 56. Section 2 has been amended by section 110(1) of the 2000 Act, paragraph 7 of Schedule 2 to S.I. 2010/1158, sections 156 and 177, paragraph 6(2) of Schedule 7(2), paragraph 33 of Schedule 21 and paragraph 1 of Schedule 22(3) to the Education Act 2002 (c. 32) (“the 2002 Act”).
“ground level”, in relation to a building, means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground on which the building is situated or is to be situated is not uniform, the level of the lowest part of the surface of the ground adjacent to it;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 or an equivalent course outside England;
1988 c. 40.
“school” has the meaning given by section 4 of the Education Act 1996.
Section 4 has been amended by section 51, paragraph 10 of Schedule 7 and paragraph 1 of Schedule 8 to the Education Act 1997 (c. 44), paragraph 1 of Schedule 22 to the 2002 Act, paragraph 9 of Schedule 13 to the 2011 Act; paragraph 97 of Schedule 1 to S.I. 2010/1080 and regulation 7 of S.I. 2019/1027.”.

Amendment of article 11 (general provisions relating to applications)
5. In article 11, in paragraph (2), before sub-paragraph (d) insert—

“(ca) in the case of an application to which article 9A applies, the fire statement;”.

Amendment of article 15 (publicity for applications for planning permission)
6. In article 15, after paragraph (10A) insert—

“(10B) In this article, in the case of an application for public service infrastructure development, in paragraphs (3)(a), (4)(a)(i), and (6), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.

Amendment of article 18 (consultations before the grant of permission)
7. (1) Article 18 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (5)(b) for “subject to paragraph (6)” substitute—

“subject to paragraphs (6) and (8)”.

(3) After paragraph (7) insert—

“(8) In the case of an application for public service infrastructure development, in paragraph (5)(b), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.

Amendment of article 19 (consultations before the grant of planning permission: urgent Crown development)
8. (1) Article 19 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (5)(b) for “subject to paragraph (6)” substitute—

“subject to paragraphs (6) and (8)”.

(3) After paragraph (7) insert—

“(8) In the case of an application for public service infrastructure development, in paragraph (5)(b), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.

Substitution of article 21 (consultation with county planning authority)
9. For article 21 substitute—

“21. (1) Subject to paragraph (2) the period prescribed for the purposes of paragraph 7(7)(c) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) is 21 days.
(2) In the case of an application for public service infrastructure development, in paragraph (1), “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 22 (duty to respond to consultation)
10. (1) Article 22 is amended in accordance with paragraphs (2) and (3).
(2) For paragraph (3) substitute—

“(3) Subject to paragraph (6) the period prescribed for the purposes of section 54(4) of the 2004 Act is—
(a) the period of 21 days beginning with the day on which—
(i) the document on which the views of the consultee are sought is received by the consultee, or
(ii) where there is more than one such document and they are sent on different days, the last of those documents is received by the consultee, or
(b) such other period as may be agreed in writing between the consultee and the consultor.”.

(3) After paragraph (5) insert—

“(6) In the case of an application for public service infrastructure development, where the requirements to consult contained in paragraph (1)(a), (b), (c), (h) or (i) apply, the prescribed period of 21 days in paragraph (3) is to be read as if it were a reference to 18 days.”.

Amendment of article 24 (recommendations by district planning authority before determination of county matters)
11. (1) Article 24 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (1) for “Subject to paragraph (2)” substitute—

“Subject to paragraphs (2) and (3)”.

(3) After paragraph (2) insert—

“(3) In the case of an application for planning permission for public service infrastructure development, in paragraph (1) “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 25 (representations by parish council before determination of application)
12. (1) Article 25 is amended in accordance with paragraphs (2) and (3).
(2) At the beginning of paragraph (1) insert—

“Subject to paragraph (5)”.

(3) After paragraph (4) insert—

“(5) In the case of an application for planning permission for public service infrastructure development, in paragraph (1) and sub-paragraph (c) of paragraph (2) “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 25A (representations by neighbourhood forum before determination of application)
13. For Article 25A substitute—

“25A. (1) Where a neighbourhood forum for a neighbourhood area are given information in relation to an application under paragraph 8A(1) or paragraph 8A(1B) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions)—
(a) subject to paragraph (2) the forum must, as soon as practicable, notify the local planning authority who are determining the application whether the forum proposes to make representations about the manner in which the application should be determined, and must make any representations to that authority within 21 days of the notification to the forum of the application; and
(b) article 25(2) to (4) applies in relation to any such application as if any reference to a council of a parish or to the parish (however expressed) were a reference to the neighbourhood forum or neighbourhood area, as appropriate.
(2) In the case of an application for public service infrastructure development, in paragraph (1), “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 33 (representations to be taken into account)
14. (1) Article 33 is amended in accordance with paragraph (2).
(2) For paragraph (7) substitute—

“(7) In this article, when computing the number of days, any day which is a public holiday must be disregarded unless—
(a) the application is an EIA application accompanied by an environmental statement;
(b) the computation is for the purpose of the period specified in sub-paragraphs (a), (b) (c) or (g) of paragraph (1); or
(c) the application is made under section 293A(2) of the 1990 Act.
(8) In the case of an application for public service infrastructure development, in sub-paragraphs (d),(e) and (g) of paragraph (1), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.

Amendment of article 34 (time periods for decisions)
15. (1) Article 34 is amended in accordance with paragraphs (2) to (5).
(2) In sub-paragraph (aa) of paragraph (2) after “major development” insert—

“or an application for development which is public infrastructure development,”.

(3) In paragraph (4), before sub-paragraph (c) insert—

“(ba) in the case of an application to which article 9A applies, the fire statement;”.

(4) In paragraph (5), before sub-paragraph (c) insert—

“(ba) in the case of an application to which article 9A applies, the fire statement;”.

(5) After paragraph (9C) insert—

“(10) In the case of an application for public service infrastructure development, in sub-paragraphs (d),(e), and (g) of paragraph (9), in each place it occurs, “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 40 (register of applications)
16. In article 40, in paragraph (4) for sub-paragraph (a) substitute—

“(a) a copy (which may be photographic or in electronic form) of—
(i) the application;
(ii) the plans and drawings submitted in relation to the application;
(iii) any accompanying design and access statement provided in accordance with article 9; and
(iv) any accompanying fire statement provided in accordance with article 9A;”.

Amendment of Schedule 1 (letter to be sent to an applicant on receipt of application)
17. In Schedule 1 for “in the case of applications for technical details consent for major development, 10 weeks,” in both places, substitute—

“in the case of applications for technical details consent for major development and applications for planning permission for public service infrastructure development, 10 weeks,”.

Amendment of Schedule 3 (publicity for applications for planning permission)
18. In the first form in Schedule 3 in the last box beginning with the word “Insert” for paragraph (f) substitute—

“(f) date giving a period (as the case may be, and subject to (fa)) of—
(i) 21 days beginning with the date when the notice is first displayed or accessible on or near the site or served on an owner and/or occupier of adjoining land under article 15(4) or (5);
(ii) 14 days beginning with the date when the notice is published in a newspaper; or
(iii) 21 days beginning with the date when the notice is served on an infrastructure manager under article 16;
and when computing the number of days in sub-paragraphs (i) and (ii), any day which is a public holiday must be disregarded;
(fa) in the case of an application for public service infrastructure development, date giving a period of—
(i) 18 days beginning with the date when the notice is first displayed or accessible on or near the site or served on an owner and/or occupier of adjoining land under article 15(4) or (5);
(ii) 14 days beginning with the date when the notice is published in a newspaper; or
(iii) 18 days beginning with the date when the notice is served on an infrastructure manager under article 16,
and when computing the number of days in sub-paragraphs (i) and (ii), any day which is a public holiday must be disregarded.”.

Amendment of Schedule 4 (consultations before the grant of permission)
19. (1) Schedule 4 is amended in accordance with paragraphs (2) and (3).
(2) In the table, in paragraph (s), in the column headed “Consultee”, in paragraph (b), for “the Garden History Society” substitute “The Gardens Trust”.
(3) In the table, after paragraph (zf) insert—

“(zg)	Development falling within any of the following descriptions involving one or more buildings to which paragraph (2) of article 9A of this Order applies (“a relevant building”)— (i) development which will involve or is likely to involve the provision of one or more relevant buildings; (ii) development of an existing relevant building except development consisting of a material change in use of a relevant building which would result in the building no longer being a relevant building; (iii) development within the curtilage of a relevant building except development consisting of a material change in use of land or buildings within the curtilage of a relevant building which would not result in the provision of one or more relevant buildings.	The Health and Safety Executive”

PART 3

Amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
20. The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 is amended in accordance with articles 21 to 29.
S.I. 2013/2140. Relevant amending instruments are S.I. 2015/797, S.I. 2016/944, S.I. 2017/571 and S.I. 2018/119.

Amendment of article 2 (interpretation)
21. (1) Article 2 is amended in accordance with paragraphs (2) to (5).
(2) After the definition of “county planning authority” insert—

““criminal justice accommodation” means—
(a) a prison within the meaning of the Prison Act 1952; or
(b) a place for the detention of young persons within the meaning of section 43 of that Act;”.

(3) After the definition of “erection” insert—

““health service hospital” means a hospital vested in—
(a) an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 2014; or
(b) the Secretary of State for the purpose of his functions under the National Health Services Act 2006;
“hospital” means—
(a) an institution for the reception and treatment of persons suffering from illness;
(b) a maternity home; or
(c) an institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;
“illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;”.

(4) After the definition of “public holiday” insert—

““public service infrastructure development” means major development, which is not EIA development, where the main purpose of the development is—
(a) the provision of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or
(iv) criminal justice accommodation; or
(b) works for the extension or alteration of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or
(iv) criminal justice accommodation;”.

(5) After the definition of “scale” insert—

““school or institution within the further education sector” means a school or institution within the further education sector which is—
(a) an Academy within the meaning of the Academies Act 2010;
(b) a school maintained by a local authority as defined in section 142(1) of the School Standards and Framework Act 1998;
(c) a school which is specially organised to make special educational provision for pupils with special educational needs and is approved by the Secretary of State under section 342 of the Education Act 1996;
(d) an independent education institution approved under section 41 of the Children and Families Act 2014; or
(e) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;”.

Insertion of new article 7A
22. After article 7 insert—

“Fire statements
7A. (1) Paragraph (4) applies to a relevant application for planning permission for—
See section 62A(2) of the 1990 Act for the definition of “relevant application”.
(a) development which involves the provision of one or more buildings to which paragraph (2) applies (“a relevant building”);
(b) development of an existing relevant building; or
(c) development within the curtilage of a relevant building.
(2) This paragraph applies to a building which satisfies the height condition in paragraph (3) and contains—
(a) two or more dwellings; or
(b) educational accommodation.
(3) The height condition is that—
(a) the building is 18 metres or more in height; or
(b) the building contains 7 or more storeys (ignoring any storey which is below ground level).
(4) An application for planning permission to which this paragraph applies must, except where paragraph (6) applies, be accompanied by a statement (“a fire statement”) about the fire safety design principles, concepts and standards that have been applied to the development.
(5) A fire statement must—
(a) be on a form published by the Secretary of State (or a form substantially to the same effect); and
(b) include the particulars specified or referred to in the form.
(6) This paragraph applies—
(a) where—
(i) the application is for a material change in use of a relevant building; and
(ii) the material change of use would result in the building no longer being a relevant building;
(b) where the application is—
(i) for a material change in use of land or buildings within the curtilage of a relevant building; and
(ii) the material change of use would not result in the provision of one or more relevant buildings;
(c) to an application for outline planning permission.
(7) For the purposes of paragraph (3)—
(a) the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms);
(b) when determining the number of storeys a building has—
(i) any storey which is below ground level is to be ignored; and
(ii) any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level.
(8) For the purpose of this article a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.
(9) In this article—
“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;
“boarder” includes a student who boards during the week but not at weekends;
“dwelling” includes a flat;
“educational accommodation” means—
(a) residential accommodation for the use of students who are boarders at school in connection with them attending a school; or
(b) residential accommodation for the use of students attending higher education courses, further education courses or courses at 16 to 19 Academies;
“further education” has the meaning given by section 2 of the Education Act 1996;
“ground level”, in relation to a building, means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground on which the building is situated or is to be situated is not uniform, the level of the lowest part of the surface of the ground adjacent to it;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 or an equivalent course outside England;
“school” has the meaning given by section 4 of the Education Act 1996.”.

Amendment of article 8 (general provisions in relation to applications)
23. In article 8, in paragraph (1), before sub-paragraph (bb) insert—

“(ba) in a case to which article 7A applies, the fire statement;”.

Amendment of article 14 (publicity for relevant applications: designated planning authority)
24. In article 14, after paragraph (6) insert—

“(7) In the case of a relevant application for public service infrastructure development in paragraphs (2)(a) (3)(a)(i) and (4), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.

Amendment of article 17 (consultations before the grant of permission)
25. (1) Article 17 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (4)(b) for “subject to paragraph (5)” substitute—

“subject to paragraphs (5) and (7)”.

(3) After paragraph (6) insert—

“(7) In the case of a relevant application for public service infrastructure development, in paragraph (4)(b), “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 18 (consultation with relevant authority)
26. (1) Article 18 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (1), for “Subject to paragraph (2)” substitute—

“Subject to paragraph (2) and, in relation to public service infrastructure development, the modifications in paragraph (2A)”.

(3) After paragraph (2) insert—

“(2A) In the case of a relevant application for public service infrastructure development, in paragraph (1), “21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 19 (duty to respond to consultation)
27. (1) Article 19 is amended in accordance with paragraphs (2) and (3).
(2) For paragraph (1) substitute—

“(1) Subject to paragraph (3) an authority or person consulted under article 17 or 18 must give a substantive response to that consultation before the end of the period of 21 days beginning with the day on which—
(a) the document on which the authority or person’s views are sought is received by the consultee ; or
(b) where there is more than one such document and they are sent on different days, the last of those documents is received by the consultee,
or such other period as may be agreed in writing between the consultee and the Secretary of State.”.

(3) After paragraph (2) insert—

“(3) In the case of a relevant application for public service infrastructure development, in paragraph (1),“21 days” is to be read as if it were a reference to “18 days”.”.

Amendment of article 23 (time periods for decisions)
28. (1) Article 23 is amended in accordance with paragraphs (2) to (4).
(2) In paragraph (2)—
(a) after sub-paragraph (a) insert—

“(aa) in relation to a relevant application for public service infrastructure development, 10 weeks beginning with the day immediately following that on which the application is received by the Secretary of State;”;

(b) in sub-paragraph (b), for “sub-paragraph (a)” substitute—

“sub-paragraphs (a) or (aa),”.

(3) For paragraphs (4) and (4A) substitute—

“(4) Subject to paragraphs (4A), (4B) and (6), the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—
(a) published in a newspaper under article 9, within the period of 14 days beginning with the date when the notice was published;
(b) served on an owner of the land or tenant of an agricultural holding under article 9, before the end of the period of 21 days beginning with the date when the notice was served on that person;
(c) given by site display under article 9, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;
(d) published in a newspaper under article 13, within the period of 14 days beginning with the date on which the notice was published;
(e) published on a website under article 13, within the period of 14 days beginning with the date on which the information was published;
(f) served on an adjoining owner or occupier under article 14, before the end of the period of 21 days beginning with the date on which the notice was served on that person;
(g) given by site display under article 14, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;
(h) served on an infrastructure manager under article 14A, before the end of the period of 21 days beginning when with the date when then notice was first served on that person.
(4A) When computing the number of days in sub-paragraphs (d) to (g) of paragraph (4), any day which is a public holiday must be disregarded.
(4B) In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—
(a) published on a website under article 13, within the period of 30 days beginning with the date on which the information was published;
(b) published in a newspaper under article 13, within the period of 30 days beginning with the date on which the information was published;
(c) given by site display under article 14, within the period of 30 days beginning with the date when the notice was first displayed by site display.”.

(4) After paragraph (4B) insert—

“(6) In the case of a relevant application for public service infrastructure development, in sub-paragraphs (f), (g) and (h) of paragraph (4), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days” .”.

Amendment of Schedule 2 (Publicity for applications for planning permission)
29. In the form in Schedule 2 in the last box beginning with “Insert” for paragraph (e) substitute—

“(e) date giving a period (as the case may be and subject to (f)) of—
(i) 14 days beginning with the date when the notice is published in a newspaper under article 13; or
(ii) 21 days beginning with the date when the notice is first displayed on or near the site or served on an owner/occupier of adjoining land under article 14; or
(iii) 21 days beginning with the date the notice is served on an infrastructure manager under article 14A; or
(iv) 30 days beginning with the date the notice is published, displayed or served in relation to an EIA application accompanied by an environmental statement,
and when computing the number of days in sub-paragraphs (i) and (ii), any day which is a public holiday must be disregarded;
(f) in the case of a relevant application for public service infrastructure development, date giving a period of—
(i) 14 days beginning with the date the notice is first published in a newspaper under article 13; or
(ii) 18 days beginning with the date when the notice is first displayed on or near the site or served on an owner/occupier of adjoining land under article 14; or
(iii) 18 days beginning with the date the notice is served on an infrastructure manager under article 14A,
and when computing the number of days in sub-paragraphs (i) and (ii), any day which is a public holiday must be disregarded.”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government
Christopher Pincher
Minister of State
Ministry of Housing, Communities and Local Government
22nd June 2021

EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Town and Country Planning (Development Management Procedure) (England) Order 2015 (“DMPO 2015”) and the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (“the Section 62A Order”) to modify certain procedural requirements in relation to the grant of permission involving relevant high rise residential buildings and in relation to the grant of permission for an application for public service infrastructure development.
Article 3 inserts a definition of “public service infrastructure development” into DMPO 2015.
Article 4 inserts new article 9A into DMPO 2015 to require a fire statement to be submitted with certain applications for planning permission for relevant high-rise residential buildings.
Article 5 makes a consequential amendment to article 11 of DMPO 2015 in respect of the procedure for acknowledgement of applications.
Articles 6 to 14 modify certain periods for the making of representations on an application for public service infrastructure development which must be taken into account before an application is determined.
Article 15 amends article 34 of DMPO 2015 to modify the statutory minimum period for determination of an application for public service infrastructure development and to make amendments to the definitions of valid and non-validated applications which are consequential to the new requirement for a fire statement.
Article 16 adds a fire statement to the list of documents which must be placed on the planning register kept by a Local Planning Authority.
Articles 17 and 18 make consequential amendments to certain forms of Notice published by the Secretary of State.
Article 19 amends the Table in Schedule 4 of DMPO 2015 to address a change of name of the Gardens Trust, formerly the Gardens History Society. Article 19 also inserts in the Table a new description of development proposal which triggers duties in relation to consultation with the Health and Safety Executive before the grant of planning permission involving relevant high-rise residential buildings.
Articles 21 to 29 Order make similar amendments to the Section 62A Order. The Section 62A Order prescribes the procedures for certain applications for planning permission made to the Secretary of State.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.