ID badges: Hide | Show

Part 1Preliminary

Citation, commencement, extent and application

rule 1 1.—(1) These Rules may be cited as the Town and Country Planning (Crown Development Applications) (Hearings and Inquiries) Rules 2025 and come into force on 1st May 2025.

(2) These Rules extend to England and Wales and apply in relation to England only.

(3) Parts 1 and 2 of these Rules apply in relation to any hearing which, under section 319A of the 1990 Act(1), the Secretary of State has determined must be held for the purposes of determining a Crown development application made on or after 1st May 2025.

(4) Parts 1 and 3 of these Rules apply in relation to any inquiry which, under section 319A of the 1990 Act, the Secretary of State has determined must be held for the purposes of determining a Crown development application made on or after 1st May 2025.

Interpretation

rule 2 2.—(1) In these Rules—

term the 1990 act the 1990 Act” means the Town and Country Planning Act 1990(2);

term the 2025 order the 2025 Order” means the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025(3);

term applicable representation period applicable representation period” has the meaning given in the 2025 Order;

term appointed representative appointed representative” means a person appointed under section 321(5) or (6) of the 1990 Act(4);

term assessor assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;

term closed evidence closed evidence” means evidence which is subject to a security direction;

term crown development application Crown development application” means an application made under section 293D of the 1990 Act(5);

term document document” includes a photograph, map or plan;

term electronic communication electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(6);

term inspector inspector” means—

(a)

in relation to a standard application, a person appointed by the Secretary of State under section 293I of the 1990 Act(7) to determine the relevant application;

(b)

in relation to a recovered application, a person appointed by the Secretary of State to assist him in the consideration of written representations or the holding of a hearing or inquiry;

term land land” means the land or building to which the relevant application relates;

term last representation period last representation period” has the meaning given in the 2025 Order;

term persons entitled to appear at the hearing persons entitled to appear at the hearing” means the persons listed in rule 7(2);

term persons entitled to appear at the inquiry persons entitled to appear at the inquiry” means the persons listed in rule 19(1);

term recovered application recovered application” means a Crown development application which falls to be determined by the Secretary of State as a consequence of a direction given under section 293J(1) of the 1990 Act(8);

term relevant local planning authority relevant local planning authority” has the meaning given in the 2025 Order;

term re opened inquiry re-opened inquiry” means an inquiry which, having been closed, is re-opened to consider any new evidence or any new matter of fact, or following the quashing of the decision following the original inquiry;

term security direction security direction” means a direction given by the Secretary of State under section 321(3) of the 1990 Act;

term standard application standard application” means a Crown development application which falls to be determined by a person appointed by the Secretary of State under section 293I of the 1990 Act;

term starting date starting date” means the date of the notice given by the Secretary of State under rule 13(1);

term statement of case statement of case” has the meaning given in rule 13(3);

term statutory party statutory party” means a person specified in article 9(1) of the 2025 Order to whom a notice must be sent by the applicant;

term working day working day” means a day which is not a Saturday, Sunday, Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971(9) is a bank holiday in England.

(2) Any reference in these Rules to a Crown development application, a standard application or a recovered application also includes a reference to any connected listed building application (within the meaning of the 2025 Order).

Electronic communications and service of documents

rule 3 3.—(1) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being carried out electronically—

rule 3 1 a (a)term address the expression “address” includes any number or address used for the purpose of such communications, and

rule 3 1 b (b)references to statements, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

term the recipient (2) Paragraphs (3) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(3) A requirement is taken to be fulfilled where the statement, notice or other document transmitted by the electronic communication is—

rule 3 3 a (a)capable of being accessed by the recipient,

rule 3 3 b (b)legible in all material respects, and

rule 3 3 c (c)sufficiently permanent to be used for subsequent reference.

term legible in all material respects (4) In paragraph (3), “legible in all material respects” means that the information contained in the statement, notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(5) Where the electronic communication is received by the recipient outside the recipient's business hours, it is taken to have been received on the next working day.

(6) A requirement in these Rules that any statement, notice or other document is in writing is fulfilled where the document satisfies the criteria in paragraph (3).

(7) Where a person is no longer willing to accept the use of electronic communications for any purpose of these Rules which is capable of being effected electronically, the person must give notice in writing—

rule 3 7 a (a)withdrawing any address notified to the Secretary of State for that purpose, or

rule 3 7 b (b)revoking any agreement entered into with the Secretary of State for that purpose,

and such withdrawal or revocation takes effect on a date specified by the person in the notice which must not be earlier than 7 days after the date on which the notice is given.

Sending of notices etc.

rule 4 4.  Notices or documents required or authorised to be sent or supplied under these Rules may be sent or supplied—

rule 4 a (a)by post, or

rule 4 b (b)by using electronic communications to send or supply the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose.

(1)

Section 319A was inserted by section 196(1) of the Planning Act 2008 (c. 29) and amended by section 20(1) of the Business and Planning Act 2020 (c. 16) and paragraph 9 of Schedule 10 to the Levelling Up and Regeneration Act 2023 (c. 55). There are other amendments that are not relevant.

(4)

Subsections (5) to (12) of section 321 were inserted by section 80(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).

(5)

Section 293D was inserted by section 109(2) of the Levelling-up and Regeneration Act 2023.

(6)

2000 c. 7. The definition of “electronic communication” was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

(7)

Section 293I was inserted by section 109(2) of the Levelling-up and Regeneration Act 2023.

(8)

Section 293J(1) was inserted by section 109(2) of the Levelling-Up and Regeneration Act 2023.