Part 2Crown development applications

Chapter 1Applications and publicity

Publicity for applications: relevant local planning authority

article 17 + 17.—(1) This article applies where the relevant local planning authority receives a notice under article 13 (information to be provided to the relevant local planning authority by the Secretary of State).

(2) Where the notice relates to a special development application, the relevant local planning authority must, before the end of the period of 5 working days beginning with the day the notice was sent—

article 17 2 a + (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, or in the case of an EIA application accompanied by an environmental statement 30 days, and

article 17 2 b + (b)send a copy of the requisite notice to the Secretary of State.

(3) Where the notice relates to a standard major development application or a standard non-major development application, the relevant local planning authority must, before the end of the period of 5 working days beginning with the day the notice was sent—

article 17 3 a + (a)give the requisite notice—

article 17 3 a i + (i)by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

article 17 3 a ii + (ii)by sending to each adjoining owner or occupier, and

article 17 3 b + (b)send a copy of the requisite notice to the Secretary of State.

(4) Where a relevant local 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 or 30 day period, as appropriate, and as specified in paragraphs (2)(a) or (3)(a)(i) has elapsed, the authority is treated as having complied with the requirements of paragraphs (2)(a) or (3)(a)(i) if they have taken reasonable steps to—

article 17 4 a + (a)protect the notice, and

article 17 4 b + (b)if necessary, provide for its replacement.

term adjoining owner or occupier + (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) When computing the number of days for the purposes of paragraphs (2)(a) and (3)(a)(i), any day which is a public holiday must be disregarded unless the application is an EIA application accompanied by an environmental statement.