Explanatory Note
(This note is not part of the Order)
The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (“the Order”) sets out the procedure to be followed where a Crown development application for planning permission or approval of reserved matters or a connected listed building application is made in accordance with sections 293D and 293E of the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”).
Sections 293D to 293J of the 1990 Act were inserted by the Levelling-up and Regeneration Act 2023 (c. 55). They allow an application for planning permission to be made by an appropriate authority (as defined in section 293 of the 1990 Act) where the proposed development is considered to be of national importance.
This Order is part of a package of provisions in relation to nationally important Crown development applications made under the 1990 Act:
(a)the procedure to be followed in relation to applications made directly to the Secretary of State under sections 293D and 293E of the 1990 Act, and to be determined on the basis of written representations, are set out in this Order;
(b)the rules for hearings and inquiries carried out before determining applications made under sections 293D and 293E are set out in the Town and Country Planning (Crown Development Applications) (Hearings and Inquiries) Rules 2025.
In particular, this Order sets out:
the procedure in relation to the making of an application for planning permission including the requirement for documents to accompany the application upon submission such as design and access statements, and fire statements,
a requirement that the applicant serve notice of the application on specified the owners and agricultural tenants of the land to which the application relates, and produce a certificate in the prescribed form stating the notice requirements have been met,
requirements for publicising the application, including requirements on the Secretary of State to make copies of the application available on a website, and to ensure the application is added onto the local planning register authority’s register,
requirements on the Secretary of State to consult the relevant planning authorities and specified consultees in relation to the application,
that the Secretary of State must make copies of the representations available on a website after the representation period,
a requirement on the Secretary of State to decide the procedure for the determination of an application, and to provide notice of this decision to the relevant persons,
the minimum time periods before a Crown development application or a connected listed building application can be determined, and
requirements on the Secretary of State to send copies of the decision notice to various persons and to publish it on a website.
A full Impact Assessment has not been prepared for this instrument because no, or no significant, impacts on the private, voluntary or public sector are foreseen. An impact assessment was prepared for the Levelling-up and Regeneration Act 2023 and copies of that assessment may be found at https://bills.parliament.uk/bills/3155/publications and can be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.