Part 2Crown development applications

Chapter 1Applications and publicity

General requirements: applications for planning permission including outline planning permission

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

(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),

(b)include the particulars specified or referred to in the form, and

(c)be accompanied by 3 copies of—

(i)the application,

(ii)a plan which identifies the land to which the application relates,

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

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

(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

(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—

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

(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

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

(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—

(aa)the date of the application, or

(bb)an earlier date proposed by the applicant, and

(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;

(ii)the biodiversity value or values (as the case may be) referred to in paragraph (i);

(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);

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

(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—

(aa)a statement that such activities have been carried out,

(bb)confirmation of the date immediately before those activities were so carried out, and

(cc)any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in paragraph (i)(cc);

(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—

(aa)is on the land to which the application relates, and

(bb)exists on the date referred to in paragraph (i)(aa) or (bb) (as applicable);

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

(aa)the onsite habitat included in the calculations referred to in paragraph (i), and

(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—

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

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

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

(i)the gross internal area to be created by the development,

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

(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—

(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;

(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;

(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.

Applications for outline planning permission

5.—(1) Where an application is made for outline planning permission, the Secretary of State may grant permission subject to a condition specifying the reserved matters which are to be subject to subsequent approval.

(2) Where the Secretary of State is of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, the Secretary of State must, within the period of 1 month beginning with the day the application is received, notify the applicant that the Secretary of State is unable to determine the application unless further details are submitted, specifying the further details that are required.

(3) Subject to paragraph (4), in the case of an application for outline planning permission, details need not be given of any reserved matters.

(4) Where access is a reserved matter, the application for outline planning permission must state the area or areas where access points to the development proposed will be situated.

Applications for approval of reserved matters

6.—(1) A Crown development application for approval of reserved matters must—

(a)be made in writing to the Secretary of State and give sufficient information to enable the Secretary of State to identify the outline planning permission in respect of which it is made,

(b)include such particulars and be accompanied by such plans and drawings as are necessary to deal with the reserved matters in the outline planning permission,

(c)include a statement setting out the reasons the appropriate authority considers that the development to which the application relates is of national importance, and

(d)where the application is made by a person authorised in writing by the appropriate authority, be accompanied by a copy of that authorisation.

(2) 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 approval of reserved matters must be accompanied by the following information relating to CIL—

(a)a statement as to whether the applicant considers that the development, if approval is given, would be liable for CIL,

(b)where the applicant does not consider the development, if approval is given, would be liable for CIL, the reasons for that view, and

(c)subject to paragraph (3), in cases where the applicant considers the development, if approval is given, would be liable for CIL, details of—

(i)the gross internal area to be created by the development,

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

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

(3) For the purposes of paragraph (2), where details of—

(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;

(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;

(c)any relief or exemption from CIL which may be applicable to the development is 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.

Design and access statements

7.—(1) Subject to paragraph (3), a design and access statement must accompany a Crown development application for planning permission in respect of—

(a)major development, or

(b)non-major development any part of which is in a designated area and which consists of—

(i)the provision of one or more dwellinghouses, or

(ii)the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

(2) A design and access statement must—

(a)explain the design principles and concepts that have been applied to the development,

(b)demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account,

(c)explain the approach adopted as to access, and how policies relating to access in relevant local development documents have been taken into account,

(d)state what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation, and

(e)explain how any specific issues which might affect access to the development have been addressed.

(3) This article does not apply to a Crown development application for planning permission which is for—

(a)engineering or mining operations,

(b)a material change in use of the land or buildings, or

(c)development which is waste development.

(4) In this article—

“design and access statement” means a statement about—

“designated area” means—

“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working.

Fire statements

8.—(1) Paragraph (4) applies to a Crown development application for planning permission for—

(a)development which involves the provision of one or more buildings to which paragraph (2) applies (“a relevant building”),

(b)development of an existing relevant building, or

(c)development within the curtilage of a relevant building.

(2) This paragraph applies to a building which satisfies the height condition in paragraph (3) and contains—

(a)two or more dwellings, or

(b)educational accommodation.

(3) The height condition is that—

(a)the building is 18 metres or more in height, or

(b)the building contains 7 or more storeys.

(4) An application for planning permission to which this paragraph applies must, except where paragraph (6) applies, be accompanied by a statement (“a fire statement”) about the fire safety design principles, concepts and standards that have been applied to the development.

(5) A fire statement must—

(a)be on a form published by the Secretary of State (or a form substantially to the same effect), and

(b)include the particulars specified or referred to in the form.

(6) This paragraph applies—

(a)where the application is—

(i)for a material change in use of a relevant building, and

(ii)the material change of use would result in the building no longer being a relevant building;

(b)where the application is—

(i)for a material change in use of land or buildings within the curtilage of a relevant building, and

(ii)the material change of use would not result in the provision of one or more relevant buildings;

(c)to an application for outline planning permission.

(7) For the purposes of paragraph (3)—

(a)the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms);

(b)when determining the number of storeys a building has—

(i)any storey which is below ground level is to be ignored, and

(ii)any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level.

(8) For the purpose of this article a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

(9) In this article—

“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010(4);

“boarder” includes a student who boards during the week but not at weekends;

“dwelling” includes a flat;

“educational accommodation” means—

“further education” has the meaning given by section 2 of the Education Act 1996(5);

“ground level”, in relation to a building, means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground on which the building is situated or is to be situated is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988(6) or an equivalent course outside England;

“school” has the meaning given by section 4 of the Education Act 1996(7).

Notice of application to be given by the applicant

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—

(a)by serving the notice on every such person whose name and address is known to the applicant, and

(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—

(a)by serving the notice on every such person whose name and address is known to the applicant,

(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

(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)—

(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,

(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

(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—

(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

(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—

“agricultural tenant” has the meaning given in section 65(8) of the 1990 Act;

“owner” in relation to any land, means any person who—

“relevant date” means the first day in a period of 21 days which ends with the date of the application;

“requisite notice” means a notice in the appropriate form set out in Schedule 1 or a form substantially to the same effect.

Certificates in relation to notice of applications

10.—(1) Where a Crown development application for planning permission is made, the applicant must certify in a form published by the Secretary of State (or a form substantially to the same effect) that the requirements of article 9 have been satisfied.

(2) If an applicant has cause to rely on article 9(5), the certificate must state the relevant circumstances.

Assessment of application by Secretary of State

11.—(1) Where the Secretary of State receives a Crown development application, the Secretary of State must consider whether the development which is the subject of the application is of national importance, and whether the application is complete.

(2) An application is complete if it complies with the requirements of articles 4, 5 or 6, as the case may be, and also includes—

(a)where the application is an application for planning permission, the certificate required by article 10,

(b)in a case to which article 7 applies, the design and access statement referred to in that article,

(c)in a case to which article 8 applies, the fire statement referred to in that article,

(d)subject to paragraph (3), the particulars or evidence which would be required by the relevant local planning authority under section 62(3) of the 1990 Act(8) had the application been made to that authority, and

(e)the fee required in respect of the application.

(3) Paragraph (2)(d) only applies if—

(a)before the application is made to the Secretary of State, the relevant local planning authority publishes or republishes for the purposes of article 34(4) and (5) of the 2015 Order, a list of requirements on a website,

(b)the particulars or evidence that the authority require to be included in the application fall within that list, and

(c)the list mentioned in sub-paragraph (a) was published (or republished) during the 2 year period immediately before the date on which the application was made.

(4) The Secretary of State must notify the applicant in writing, as soon as reasonably practicable, whether the development that is the subject of the application is considered to be of national importance and whether the application is complete.

Development not considered to be nationally important

12.—(1) Where the Secretary of State considers that the development which is the subject of the Crown development application is not of national importance, the Secretary of State must, in the notice given in accordance with article 11(4), notify the applicant whether the Secretary of State intends to—

(a)refer the application to be determined by the relevant local planning authority in accordance with section 293D(7) of the 1990 Act, or

(b)direct that the application is treated as having been made to the Secretary of State under section 62A of the 1990 Act(9), in accordance with section 293D(9), if the applicant is content for the application to be so treated.

(2) Where the Secretary of State intends to refer the application to the relevant local planning authority for determination in accordance with section 293D(7) of the 1990 Act, the Secretary of State must, as soon as reasonably practicable, send the application and any accompanying documents to that authority, and direct the authority to determine the application.

Information to be provided to the relevant local planning authority

13.  Where the Secretary of State has informed the applicant that the development which is the subject of the application is considered to be of national importance, and that the application is complete (within the meaning of article 11(2)), the Secretary of State must, as soon as reasonably practicable, notify the relevant local planning authority of the application by sending a copy of the application and any document accompanying it to the authority.

Information to be provided by the relevant local planning authority

14.—(1) The relevant local planning authority must, within such period as the Secretary of State may specify in writing, being a period of not less than 5 working days beginning with the day the notification was sent under article 13, send the required information to the Secretary of State and send a copy of that information to the applicant.

(2) The Secretary of State may specify a different period for sending that part of the required information that relates to CIL to the Secretary of State and the applicant.

(3) The Secretary of State may specify that the required information be provided to the Secretary of State by electronic means through a website set up for that purpose.

(4) In this article, the “required information” means—

(a)a copy of any entry in the register required to be kept under article 40 of the 2015 Order which relates to the land, or part of the land, to which the application relates,

(b)details of any functions under the 1990 Act which the relevant local planning authority has exercised in relation to, or which affect, that land,

(c)a statement as to whether any advice has been given by the relevant local planning authority to the applicant in relation to development of the land,

(d)where the relevant local planning authority is not the county planning authority, a copy of any notice the county planning authority has given to the relevant local planning authority under paragraph 7(4) of Schedule 1 to the 1990 Act(10) in relation to an area which includes the land (or part of the land) to which the application relates,

(e)the name and contact details for any parish council which is entitled under section 293G of the 1990 Act(11) to be notified of the application,

(f)where the development proposed by the application falls within a category of development for which standing advice has been provided to the relevant local planning authority by any authority or person specified as a consultee in the Table in Schedule 4 to the 2015 Order, a copy of that standing advice,

(g)details of whether the development is liable to CIL and, where it is so liable, a calculation of the likely amount of CIL, and

(h)such other documents or information as the Secretary of State considers reasonably necessary to determine the Crown development application.

Publicity for applications: introductory

15.  For the purposes of articles 16 and 17—

(a)a “special development application” means an application for planning permission which—

(i)is an EIA application which is accompanied by an environmental statement,

(ii)is in respect of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated, or

(iii)is in respect of development which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981(12) (public rights of way) applies,

(b)a “standard major development application” means an application for planning permission in respect of major development which is not a special development application,

(c)a “standard non-major development application” means an application in respect of non-major development which is not a special development application,

(d)references to a “Crown development application” do not include an application for approval of reserved matters, and

(e)the “requisite notice”, in relation to an application, means a notice in the appropriate form set out in Schedule 2 or in a form substantially to the same effect.

Publicity for applications: Secretary of State

16.—(1) This article applies where the Secretary of State considers that the development which is the subject of a Crown development application is of national importance and that the application is complete (within the meaning of article 11(2)).

(2) Where the application is a special development application or a standard major development application, the Secretary of State must—

(a)before the end of the period of 5 working days beginning with the day the notice required by article 11(4) was sent, publish the required information about it on a website, and

(b)as soon as reasonably practicable after the notice required by article 11(4) was sent—

(i)make copies of the application and any document accompanying it available on the website, and

(ii)arrange for the publication of the requisite notice in relation to the application in a newspaper circulating in the locality in which the land to which the application relates is situated.

(3) Where the application is a standard non-major development application, the Secretary of State must—

(a)before the end of the period of 5 working days beginning with the day the notice required by article 11(4) was sent, publish the required information about it on a website, and

(b)as soon as reasonably practicable after the notice required by article 11(4) was sent make copies of the application and any document accompanying it available on the website.

(4) In this article, “the required information”, in relation to an application, means—

(a)the address or location of the proposed development,

(b)a description of the proposed development,

(c)the date by which any representations about the application must be made, which must not be before the last day of the period of 21 days, or in the case of an EIA application accompanied by an environmental statement 30 days, beginning with the day on which the required information is published,

(d)details of where and when the application may be inspected, and

(e)the Secretary of State's address for receipt of representations about the application.

(5) When computing the number of days in paragraph (4)(c), any day which is a public holiday must be disregarded unless the application is an EIA application accompanied by an environmental statement.

Publicity for applications: relevant local planning authority

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—

(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

(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—

(a)give the requisite notice—

(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

(ii)by sending to each adjoining owner or occupier, and

(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—

(a)protect the notice, and

(b)if necessary, provide for its replacement.

(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.

Publicity for applications for planning permission within 10 metres of relevant railway land: relevant local planning authority

18.—(1) This article applies where—

(a)a Crown development application is an application for planning permission, and

(b)any part of the development to which that application relates is situated within 10 metres of relevant railway land.

(2) The relevant local planning authority must, except where paragraph (3) applies, give requisite notice on any infrastructure manager of the relevant railway land.

(3) Where an infrastructure manager has instructed the relevant local planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas (“the instruction”), the relevant local planning authority is not required to notify that infrastructure manager of an application which falls within the scope of the instruction.

(4) The infrastructure manager may withdraw the instruction at any time by notifying the relevant local planning authority in writing.

(5) In this article “requisite notice” means a notice in the appropriate form set out in Schedule 2 or a form substantially to the same effect.

Register of applications

19.—(1) Where the Secretary of State has informed the applicant that the development which is the subject of the application is considered to be of national importance, and that the application is complete, the Secretary of State must, as soon as reasonably practicable, send a copy of the application and any document accompanying it to the local planning register authority for the land to which the application relates unless the Secretary of State has already sent a copy of those documents to the authority under article 13.

(2) Before the end of the period of 5 working days beginning with—

(a)the day a copy of the application given under paragraph (1) was received, or

(b)where the relevant local planning authority is the local planning register authority, the day the notice under article 13 was received,

the local planning register authority must place on the register required to be kept under article 40 of the 2015 Order a copy of the application together with any document accompanying it.