Part 2Crown development applications

Chapter 1Applications and publicity

General requirements: applications for planning permission including outline planning permission

article 4 + 4.—(1) A Crown development application for planning permission must—

article 4 1 a + (a)be made in writing to the Secretary of State on a form published by the Secretary of State (or a form substantially to the same effect),

article 4 1 b + (b)include the particulars specified or referred to in the form, and

article 4 1 c + (c)be accompanied by 3 copies of—

article 4 1 c i + (i)the application,

article 4 1 c ii + (ii)a plan which identifies the land to which the application relates,

article 4 1 c iii + (iii)a statement setting out the reasons the appropriate authority considers that the development to which the application relates is of national importance,

article 4 1 c iv + (iv)where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation,

article 4 1 c v + (v)the information relating to the condition under paragraph 13 of Schedule 7A to the 1990 Act (“the biodiversity gain condition”) specified in paragraph (2), and

article 4 1 c vi + (vi)such other documents and information as may be necessary to describe the development which is the subject of the application.

(2) A Crown development application for planning permission must be accompanied by the following information relating to the biodiversity gain condition—

article 4 2 a + (a)a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition,

article 4 2 b + (b)where the applicant believes that planning permission, if granted, would not be subject to the biodiversity gain condition, the reasons for that belief, and

article 4 2 c + (c)in cases where the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition—

article 4 2 c i + (i)the completed biodiversity metric calculation tool or tools (as the case may be) showing the calculation of the biodiversity value of the onsite habitat, for the purpose of the biodiversity gain plan required to be submitted under paragraph 13 of Schedule 7A to the 1990 Act if permission is granted, on—

article 4 2 c i aa + (aa)the date of the application, or

article 4 2 c i bb + (bb)an earlier date proposed by the applicant, and

article 4 2 c i cc + (cc)in either case, the date immediately before any activities of the type mentioned in paragraphs 6 or 6A of Schedule 7A to the 1990 Act(1) have been carried out on the land;

article 4 2 c ii + (ii)the biodiversity value or values (as the case may be) referred to in paragraph (i);

article 4 2 c iii + (iii)the publication date of the biodiversity metric calculation tool or tools (as the case may be) used to calculate the values referred to in paragraph (i);

article 4 2 c iv + (iv)if an earlier date is proposed by the applicant under paragraph (i)(bb), the reasons why that earlier date is proposed;

article 4 2 c v + (v)if any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land—

article 4 2 c v aa + (aa)a statement that such activities have been carried out,

article 4 2 c v bb + (bb)confirmation of the date immediately before those activities were so carried out, and

article 4 2 c v cc + (cc)any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in paragraph (i)(cc);

article 4 2 c vi + (vi)a description of any irreplaceable habitat, corresponding to the descriptions in Table 1 or in column 1 of Table 2 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024(2), that—

article 4 2 c vi aa + (aa)is on the land to which the application relates, and

article 4 2 c vi bb + (bb)exists on the date referred to in paragraph (i)(aa) or (bb) (as applicable);

article 4 2 c vii + (vii)a plan showing the location, on the date referred to in paragraph (i)(aa) or (bb) (as applicable), of—

article 4 2 c vii aa + (aa)the onsite habitat included in the calculations referred to in paragraph (i), and

article 4 2 c vii bb + (bb)any irreplaceable habitat.

(3) Any plans or drawings required to be provided by paragraph (1) or paragraph (2) must be drawn to an identified scale and, in the case of plans, must show the direction of North.

(4) In an area where, on the date a Crown development application is made, a charging schedule is in effect for the charging of CIL, a Crown development application for planning permission must be accompanied by the following information relating to CIL—

article 4 4 a + (a)a statement as to whether the applicant considers that the development, if granted planning permission, would be liable for CIL,

article 4 4 b + (b)where the applicant does not consider the development, if granted planning permission, would be liable for CIL, the reasons for that view, and

article 4 4 c + (c)subject to paragraph (5), in cases where the applicant considers the development, if granted planning permission would be liable for CIL, details of—

article 4 4 c i + (i)the gross internal area to be created by the development,

article 4 4 c ii + (ii)the existing buildings to be retained, demolished or partially demolished under the development, and

article 4 4 c iii + (iii)any relief or exemption from CIL which may be applicable to the development.

(5) For the purposes of paragraph (4)(c), where details of—

article 4 5 a + (a)the gross internal area to be created by the development are not specified in, or determinable by reference to, the application, the applicant must provide an estimate of the gross internal area to be created by the development;

article 4 5 b + (b)the existing buildings to be retained, demolished or partially demolished under the development are not specified in, or determinable by reference to, the application, the applicant must provide a statement as to which existing buildings are likely to be retained, demolished or partially demolished;

article 4 5 c + (c)any relief or exemption from CIL which may be applicable to the development are not specified in, or determinable by reference to, the application, the applicant must provide a statement as to which relief or exemption from CIL they consider may be applicable.