Part 4Determination of Crown development and connected listed building applications

Chapter 3Time periods for decision and decision notice

Contents of the decision notice: Crown development application

article 49 + 49.—(1) When the Secretary of State gives notice of a decision on a Crown development application to the applicant—

article 49 1 a + (a)where planning permission is granted, the notice must include—

article 49 1 a i + (i)information relating to the condition in paragraph 13 of Schedule 7A to the 1990 Act (biodiversity gain condition) including that there are exemptions, transitional provisions and requirements relating to irreplaceable habitat,

article 49 1 a ii + (ii)information to note the effect of section 73(2D) of the 1990 Act (earlier biodiversity gain plan in relation to a previous planning permission regarded as approved for purposes of paragraph 13 of Schedule 7A)(1),

article 49 1 a iii + (iii)details of the planning authority under paragraph 12(1) of Schedule 7A to the 1990 Act (biodiversity gain in England), and

article 49 1 a iv + (iv)where development is to proceed in phases and the modifications in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024(2) apply, a statement to that effect and to the effect that biodiversity gain plans are required before development may be begun and required before each phase of development may be begun;

article 49 1 b + (b)where planning permission is granted subject to conditions, the notice must state clearly and precisely the full reasons for—

article 49 1 b i + (i)each condition imposed, and

article 49 1 b ii + (ii)in the case of each pre-commencement condition, the condition being a pre-commencement condition;

article 49 1 c + (c)where planning permission is refused, the notice must state clearly and precisely the full reasons for the refusal, specifying all the policies and proposals in the development plan which are relevant to the decision.

(2) References in paragraph (1)(b) to a condition do not include a condition under paragraph 13 of Schedule 7A to the 1990 Act (the biodiversity gain condition).

term pre commencement condition + (3) In paragraph (1)(b)(ii) “pre-commencement condition” means a condition imposed on the grant of planning permission which must be complied with—

article 49 3 a + (a)before any building or other operation comprised in the development is begun, or

article 49 3 b + (b)where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.