Part 2Crown development applications
Chapter 1Applications and publicity
Notice of application to be given by the applicant
article 9 9.—(1) Subject to paragraph (2), where a Crown development application for planning permission is to be made, the applicant must give requisite notice of the application to any person (other than the applicant) who on the relevant date is an owner of the land to which the application relates, or an agricultural tenant—
article 9 1 a (a)by serving the notice on every such person whose name and address is known to the applicant, and
article 9 1 b (b)where the applicant has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by publication of the notice after the relevant date in a newspaper circulating in the locality in which the land to which the application relates is situated.
(2) Subject to paragraph (3), in the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant must give requisite notice of the application to any person (other than the applicant) who on the relevant date is an owner of any of the land to which the application relates, or an agricultural tenant—
article 9 2 a (a)by serving the notice on every such person whose name and address is known to the applicant,
article 9 2 b (b)by publication of the notice after the relevant date in a newspaper circulating in the locality in which the land to which the application relates is situated, and
article 9 2 c (c)by site display in at least one place in every parish within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than 7 days in the period of 21 days immediately preceding the making of the application to the Secretary of State.
(3) In the case of an application for planning permission for development consisting of the winning and working of oil or natural gas (including exploratory drilling)—
article 9 3 a (a)the applicant is not required to serve a notice under paragraph (2)(a) in relation to any land which is to be used solely for underground operations,
article 9 3 b (b)where any part of the land to which the application relates is in an unparished area, the applicant must give notice under paragraph (2)(c) in relation to that part of the land as if for “parish” there were substituted “ward”, and
article 9 3 c (c)where sub-paragraph (b) applies, references in this article to notices required by paragraph (2)(c) include notices required by paragraph (2)(c) as modified by sub-paragraph (b).
(4) The notice required by paragraph (2)(c) must (in addition to any other matters required to be contained in it) state—
article 9 4 a (a)the place within the area of the relevant local planning authority where a copy of the application for planning permission, and any document accompanying it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, and
article 9 4 b (b)the address of the website where a copy of the application, and any document accompanying it, will be published.
(5) Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 7 days referred to in paragraph (2)(c) has elapsed, the applicant is treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement.
(6) In this article—
term agricultural tenant “agricultural tenant” has the meaning given in section 65(8) of the 1990 Act;
term owner “owner” in relation to any land, means any person who—
is the freehold owner,
is entitled to a tenancy granted or extended for a terms of years certain of which not less than seven years remain unexpired, or
in the case of an application for planning permission for development consisting of the winning and working of minerals, is entitled to an interest in any minerals other than oil, gas, coal, gold or silver;
term relevant date “relevant date” means the first day in a period of 21 days which ends with the date of the application;
term requisite notice “requisite notice” means a notice in the appropriate form set out in Schedule 1 or a form substantially to the same effect.