Part 2Applications
Notice of applications for planning permission to be given by the applicant
4.—(1) Before making a urgent Crown development application for planning permission, the applicant must give requisite notice of the application to any person (other than the applicant) who is on the relevant date—
(a)an owner of the land to which the application relates, or an agricultural tenant, and
(b)whose name and address is known to the applicant.
(2) Where the applicant has taken reasonable steps to ascertain the names and addresses of every person to whom paragraph (1) applies but has been unable to do so, the applicant must give notice by site display in at least one place on or near the land to which the application relates and must leave the notice in position for a period of not less than 7 days immediately preceding the relevant date.
(3) Where a notice displayed under paragraph (2) is, without any fault or intention of the applicant, removed, obscured or defaced before the period referred to in paragraph (2) has elapsed, the applicant is to be treated as having complied with the requirements of paragraph (2) if the applicant has taken reasonable steps for the protection of the notice and, if need be, its replacement.
(4) 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—
is the estate owner in respect of the fee simple;
is entitled to a tenancy granted or extended for a term of years certain of which not less than 7 years remain unexpired;
“relevant date” means the date which is—
the date on which the applicant intends to make a urgent Crown development application for planning permission to the Secretary of State, and
specified in a requisite notice;
“requisite notice” means notice given at least 7 days before the relevant date in the form set out in Schedule 1 or in a form substantially to the same effect.