Part 4Determination of Crown development and connected listed building applications

Chapter 1Determination of procedure

Prescribed period for determination of procedure

article 43 + 43.  For the purposes of section 319A(3) of the 1990 Act the prescribed period within which the Secretary of State must decide the procedure to be followed for the determination of a Crown development application with, where applicable, a connected listed building application, is 5 working days beginning with the day after the end of the last representation period.

Notice of procedure

article 44 + 44.—(1) As soon as practicable after a determination has been made under section 319A of the 1990 Act of the procedure to be followed to determine the application, the Secretary of State must send a notice to—

article 44 1 a + (a)the applicant,

article 44 1 b + (b)the relevant local planning authority, and

article 44 1 c + (c)all persons who made representations to the Secretary of State within the applicable representation period.

(2) The notice in paragraph (1) must state—

article 44 2 a + (a)the procedure to be followed to determine the application,

article 44 2 b + (b)where a hearing or local inquiry is to be held, that persons may request in writing to participate in the hearing or inquiry, and

article 44 2 c + (c)the address of the Secretary of State to which they may make a such a request.

(3) The Secretary of State must publish the notice on the website referred to in article 16 at the same time as the notice is sent to the persons specified in paragraph (1).

Chapter 2Written representations procedure

Written representations procedure

article 45 + 45.—(1) This Chapter applies where the Secretary of State has determined under section 319A of the 1990 Act that a Crown development application with, where applicable, a connected listed building application, is to be determined on the basis of representations in writing.

(2) In this Chapter, the “decision maker” is—

article 45 2 a + (a)in the case of a standard application, the person appointed in accordance with section 293I of the 1990 Act, or

article 45 2 b + (b)in the case of a recovered application, the Secretary of State.

(3) In this article—

term recovered application + “recovered application” means an application which falls to be determined by the Secretary of State as a consequence of a direction made under section 293J(1) of the 1990 Act(1);

term standard application + “standard application” means means an application which falls to be determined by a person appointed by the Secretary of State under section 293I of the 1990 Act(2).

Determining the application

article 46 + 46.—(1) When making their determination, the decision maker—

article 46 1 a + (a)must take into account any representations made to the Secretary of State by a person pursuant to any notice of, or information about, or consultation in relation to, the application, under—

article 46 1 a i + (i)in relation to the Crown development application, articles 9, 16, 17, 18, 20, 21, or 22, and

article 46 1 a ii + (ii)in relation to the connected listed building application, articles 30, 36, 37, 39, or 40,

which have been received within the applicable representation period, and

article 46 1 b + (b)may disregard any representations or information received by the Secretary of State after the end of the applicable representation period.

(2) If, after the end of the last representation period, the decision maker takes into consideration any new information (not being a matter of government policy), the decision maker must not determine the application without first—

article 46 2 a + (a)notifying in writing the applicant and any interested person of the new information, and

article 46 2 b + (b)affording them an opportunity of making written representations to the decision maker.

term interested person + (3) In this article, “interested person” means, in relation to an application, a person who made representations to the Secretary of State in relation to the application within the applicable representation period.

Chapter 3Time periods for decision and decision notice

Time periods for decision: Crown development application

article 47 + 47.—(1) The Secretary of State must not determine a Crown development application, where any notice of, or information about, the application has been—

article 47 1 a + (a)published in a newspaper under article 9, before the end of the period of 14 days beginning with the date on which the notice was published;

article 47 1 b + (b)served on an owner of the land or agricultural tenant under article 9, before the end of the period of 21 days beginning with the date on which the notice was served on that person;

article 47 1 c + (c)given by site display under article 9, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display;

article 47 1 d + (d)published in a newspaper under article 16, before the end of the period of 14 days beginning with the date on which the notice was published;

article 47 1 e + (e)published on a website under article 16, before the end of the period of 21 days beginning with the date on which the information was published;

article 47 1 f + (f)served on an adjoining owner or occupier under article 17, before the end of the period of 21 days beginning with the date on which the notice was served on that person;

article 47 1 g + (g)given by site display under article 17, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display;

article 47 1 h + (h)given to an infrastructure manager under article 18, before the end of the period of 21 days beginning with the date on which the notice was first given to that person.

(2) When computing the number of days in sub-paragraphs (d) to (g) of paragraph (1), any day which is a public holiday must be disregarded.

(3) In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a Crown development application, where any notice of, or information about, the application has been—

article 47 3 a + (a)published on a website under article 16, before the end of the period of 30 days beginning with the date on which the information was published;

article 47 3 b + (b)published in a newspaper under article 16, before the end of the period of 30 days beginning with the date on which the information was published;

article 47 3 c + (c)given by site display under article 17, before the end of the period of 30 days beginning with the date when the notice was first displayed by site display.

Time periods for decision: connected listed building application

article 48 + 48.—(1) The Secretary of State must not determine a connected listed building application, where any notice of, or information about, the application has been—

article 48 1 a + (a)published in a newspaper under article 30, before the end of the period of 14 days beginning with the date on which the notice was published,

article 48 1 b + (b)served on an owner of the listed building under article 30, before the end of the period of 21 days beginning with the date on which the notice was served on that person,

article 48 1 c + (c)published in a newspaper under article 36, before the end of the period of 21 days beginning with the date on which the information was published,

article 48 1 d + (d)published on a website under article 36, before the end of the period of 21 days beginning with the date on which the notice was published, and

article 48 1 e + (e)given by site display under article 37, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display.

(2) When computing the number of days in sub-paragraphs (c) to (e) of paragraph (1), any day which is a public holiday must be disregarded.

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)(3),

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(4) 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.

Contents of the decision notice: connected listed building application

article 50 + 50.  When the Secretary of State gives notice of a decision on a connected listed building application to the applicant—

article 50 a + (a)where listed building consent is granted subject to conditions, the notice must state clearly and precisely the full reasons for each condition imposed, and

article 50 b + (b)where the listed building consent 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.

Publishing the decision: Crown development application

article 51 + 51.  Before the end of the period of 5 working days beginning with the day the notice referred to in article 49(1) (“the decision notice”) was sent to the applicant, the Secretary of State must—

article 51 a + (a)make copies of the following documents, in relation to the Crown development application, available on the website referred to in article 16—

article 51 a i + (i)the decision notice, and

article 51 a ii + (ii)a copy of any statement explaining the decision prepared by the Secretary of State or a person appointed under section 293I of the 1990 Act, as the case may be,

article 51 b + (b)send a copy of the decision notice to—

article 51 b i + (i)the relevant local planning authority, and

article 51 b ii + (ii)where the relevant local planning authority is not the local planning register authority for the land to which the application relates, the local planning register authority, and

article 51 c + (c)send, to every person who has asked to be notified of the decision in relation to the application, a notice explaining that the decision has been made and details of where on the website referred to in sub-paragraph (a) a copy of the decision notice can be found.

Publishing the decision: connected listed building application

article 52 + 52.  Before the end of the period of 5 working days beginning with the day the notice referred to in article 49(1) (“the decision notice”) was sent to the applicant, the Secretary of State must—

article 52 a + (a)make copies of the following documents, in relation to the connected listed building application, available on the website referred to in article 36—

article 52 a i + (i)the decision notice, and

article 52 a ii + (ii)a copy of any statement explaining the decision prepared by the Secretary of State or a person appointed under section 293I of the 1990 Act as the case may be,

article 52 b + (b)send a copy of the decision notice to the relevant local planning authority, and

article 52 c + (c)send a notice explaining that the decision has been made and details of where on the website referred to in paragraph (a) a copy of the decision notice can be found to—

article 52 c i + (i)each consultee consulted in relation to the application under article 39, and

article 52 c ii + (ii)every person who has asked to be notified of the decision in relation to the application.

Register of decisions

article 53 + 53.  Where the local planning register authority is notified of a decision on a Crown development application made by the Secretary of State, the local planning register authority must, before the end of the period of 5 working days beginning with the day a copy of the decision notice was received by the authority, place a copy of the decision notice together with the application, accompanying documents, and information on the register required to be kept under article 40 of the 2015 Order.