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—

“relevant date” means the date which is—

“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.

Time for making a urgent Crown development application for planning permission

5.—(1) Unless paragraph (3) applies a urgent Crown development application for planning permission may not be made before the relevant date.

(2) Paragraph (3) applies if the applicant—

(a)has complied with the requirements of article 4, and

(b)is satisfied that every person who is an owner or an agricultural tenant of the land to which the application relates is aware of the proposed application.

(3) The applicant may make the application on a date earlier than the relevant date.

(4) In this article, “owner”, “agricultural tenant” and “relevant date” have the same meanings as in article 4 but where more than one notice has been given under that article the relevant date for the purposes of this article is the latest of the dates specified in the notices.

Applications for planning permission

6.—(1) A urgent 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 on a website (or a document to substantially the same effect),

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

(c)be accompanied by—

(i)a plan which identifies the land to which the application relates;

(ii)any other plans, drawings and information necessary to describe the development which is the subject of the application;

(iii)where the application is made by a person authorised in writing by the applicant, a copy of that authorisation;

(iv)a statement setting out the reasons the applicant considers that—

(aa)the development to which the application relates is of national importance, and

(bb)it is necessary that the development is carried out as a matter of urgency;

(v)a statement setting out the reasons the applicant considers that the application is acceptable in planning terms;

(vi)a statement setting out how the applicant has complied with the requirements in articles 4 and 5.

(2) Subject to paragraph (4), in the case of a urgent Crown development application for outline planning permission details need not be given of any reserved matters.

(3) Where a urgent Crown development 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.

(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

7.  A urgent Crown development application for approval of a reserved matter 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 documents as are necessary to deal with the matters reserved in the outline planning permission, and

(c)be accompanied by—

(i)where the application is made by a person authorised in writing by the applicant, a copy of that authorisation;

(ii)a statement setting out the reasons the applicant considers that—

(aa)the development to which the application relates is of national importance, and

(bb)it is necessary that the development is carried out as a matter of urgency.

Plans and drawings

8.  Any plans or drawings required to be provided by articles 6 or 7 must be drawn to an identified scale and, in the case of plans, must show the direction of North.

Publicity of urgent Crown development applications

9.—(1) Article 12 provides an exception to the requirements of this article.

(2) As soon as practicable after giving notice agreeing to determine a urgent Crown development application for planning permission under section 293B(5) of the 1990 Act, the Secretary of State must publish on a website —

(a)the application;

(b)the plans, drawings, other information and documents required to accompany the application under article 6(1)(c).

(3) As soon as practicable after giving notice agreeing to determine a urgent Crown development application for approval of a reserved matter under section 293B(5) of the 1990 Act, the Secretary of State must publish on a website—

(a)the application;

(b)plans and drawings accompanying the application under article 7(b) (if any);

(c)the statement required under article 7(c).

(4) As soon as practicable after publishing a urgent Crown development application under paragraph (2) or (3), the Secretary of State must notify the relevant local planning authority and the local planning register authority, if different, of the fact of publication and the website where the application and accompanying documents may be viewed.

(5) As soon as practicable after receiving a notification under paragraph (4) , the local planning register authority must place a copy of the application and accompanying documents on the register required to be kept under article 40 of the 2015 Order.

(6) The Secretary of State must give to any person who so requests—

(a)details of the website where the application and accompanying documents have been published, and

(b)details of where the application and accompanying documents may be physically inspected and, if practicable, copies taken of them.

(7) Article 11 contains additional publicity requirements for applications which are also EIA applications.

(8) In this article “accompanying documents” means the material specified in paragraph (2)(b) or, as the case may be, paragraph (3)(b) and (c).

Representations in relation to urgent Crown development applications

10.—(1) The Secretary of State may publish on the website referred to in paragraph (2) of article 9 an address for representations to be made to the Secretary of State about the application and the period within which any representations must be made.

(2) The Secretary of State may take such other steps as the Secretary of State considers are appropriate to bring the information referred to in paragraph (1) to the attention of those who may have an interest in making representations in relation to the application.

(3) If the Secretary of State has published information about a period within which representations may be made under this article the Secretary of State—

(a)must not determine the application before the end of the period for representations specified under paragraph (1),

(b)must, in determining the application, take into account any representations received within that period, and

(c)may disregard any representations received after the end of that period.

Publicity for EIA development

11.—(1) This article applies where the application is an EIA application.

(2) The Secretary of State must—

(a)publicise the application in accordance with the requirements of article 9, and

(b)within 5 working days of giving notice agreeing to determine the application under section 293B(5) of the 1990 Act, publish the required information about it on the website referred to in paragraph (2) of article 9.

(3) 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 be not before the last day of the period of 30 days, beginning with the date 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.

(4) Where the relevant local planning authority receives a copy of a notice under section 293B(7) of the 1990 Act in relation to an EIA application, the relevant local planning authority must before the end of a period of 5 working days beginning with the day the notice was sent—

(a)give the requisite notice in relation to the application by—

(i)site display in at least one place on or near the land to which the application relates for not less than 30 days, or

(ii)serving the requisite notice on each adjoining owner or occupier, and

(b)send a copy of the requisite notice to the Secretary of State.

(5) Where a notice displayed under paragraph (4) is, without any fault or intention of the relevant local planning authority, removed, obscured or defaced before the period referred to in paragraph (4) has elapsed, the relevant local planning authority is to be treated as having complied with the requirements of paragraph (4) if the relevant local planning authority has taken reasonable steps for the protection of the notice and, if need be, its replacement.

(6) For the purposes of this article—

“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;

“the requisite notice” means notice in the form set out in Schedule 2 or in a form substantially to the same effect.

Prohibition on disclosure of sensitive information

12.—(1) This article applies where the Secretary of State directs that information relating to, or contained within, a urgent Crown development application is sensitive information in accordance with section 293B(11) of the 1990 Act.

(2) Where any information relating to, or contained within, an application is sensitive information, any provision of this Order that would otherwise require the disclosure of such information does not apply in relation to that information.

Consultation before determination of application

13.—(1) Before determining a urgent Crown development application for planning permission for development, the Secretary of State must consult such of the following persons whose interests the Secretary of State considers would be affected by the proposed development if granted planning permission—

(a)Natural England(1);

(b)the Environment Agency(2);

(c)National Highways Limited(3);

(d)the Coal Authority(4);

(e)the Historic Buildings and Monuments Commission for England(5);

(f)local highway authorities;

(g)the Health and Safety Executive(6).

(2) Where, by or under this article, the Secretary of State is required to consult any authority or person (“the consultee”) before granting planning permission—

(a)the Secretary of State must notify the consultee of—

(i)the website where the application has been published by the Secretary of State under article 9, and

(ii)the period within which any representations must be made to the Secretary of State about the application and the address to which representations must be sent

(b)subject to paragraph (3), the Secretary of State must not determine the application before the end of the period for representations notified under sub-paragraph (a).

(3) Paragraph (2)(b) does not apply if before the end of the period notified under paragraph (2)(a) the Secretary of State has received a substantive response (within the meaning of article 16) concerning the application from each consultee.

(4) The Secretary of State must, in determining the application, take into account any representations received from a consultee within the period notified under paragraph (2)(a).

(5) The Secretary of State may disregard any representations received after the end of the period notified under sub-paragraph (a) of paragraph (2).

(6) Article 14 contains additional consultation requirements for applications which are also EIA applications.

Consultation before determination of application: EIA development

14.—(1) Before determining an EIA application for planning permission for development, the Secretary of State must—

(a)comply with the consultation requirements set out in article 13, and

(b)in the case of an application for development which, in the Secretary of State's opinion, falls within a category set out in the Table in Schedule 4 to the 2015 Order, consult the authority or person mentioned in relation to that category, except where—

(i)the Secretary of State is specified as the consultee;

(ii)the Secretary of State is required to consult the authority so mentioned under article 13.

(2) Where, by or under this article, the Secretary of State is required to consult any authority or person (“the consultee”) before determining an application, the Secretary of State must—

(a)send a copy of the application to the consultee, and

(b)not determine the application until at least 30 days after the date on which the application was sent to the consultee.

(3) The Secretary of State must, in determining the application, take into account any representations received from the consultee within the period referred to in paragraph (2)(b).

(4) The Secretary of State may disregard any representations received after the end of the period referred to in paragraph (2)(b).

Consultation with relevant local planning authority

15.—(1) The Secretary of State must, before determining a urgent Crown development application, notify the relevant local planning authority of the period within which any representations must be made to the Secretary of State and the address to which any representations must be sent.

(2) Subject to paragraph (3) the Secretary of State must not determine the application before the end of the period notified under paragraph (1).

(3) Paragraph (2) does not apply if before the end of the period notified under paragraph (1) the Secretary of State has received a substantive response (within the meaning of article 16) from the relevant local planning authority.

(4) The Secretary of State must, in determining the application, take into account any representations received from the relevant local planning authority within the period notified under paragraph (1).

(5) The Secretary of State may disregard any representations received after the end of the period notified under paragraph (1).

Substantive response to consultation

16.  A substantive response is one which—

(a)states that the consultee has no comment to make,

(b)states that on the basis of the information available the consultee is content with the development proposed,

(c)refers the Secretary of State to current standing advice by the consultee on the subject of the consultation, or

(d)provides advice to the Secretary of State.

Time periods for decision: EIA application

17.—(1) In the case of an EIA application, the Secretary of State must not determine the application, where any notice of, or information about, the application has been—

(a)published on a website under article 11, within the period of 30 days beginning with the date on which the information was published;

(b)given by site display under article 11, within the period of 30 days beginning with the date when the notice was first displayed by site display.

(2) Where under paragraph (1), more than one period applies, the Secretary of State must not determine the application before the end of the latest of such periods.

Notice of the decision

18.—(1) The Secretary of State must give notice of their decision on a urgent Crown development application to the applicant as soon as practicable after the decision has been made.

(2) The notice given under paragraph (1) must include the reasons for reaching the decision.

Publishing the decision and representations

19.—(1) Within 5 working days of sending a notice under article 18(1) (“the decision notice”), the Secretary of State must—

(a)publish on the website referred to in paragraph (2) of article 9—

(i)the decision notice;

(ii)any written representations made in relation to the application which were received within a representation period published or notified under article 10, 11, 13, 14 or 15 (as the case may be);

(b)notify the relevant local planning authority and the local planning register authority (if different) that the documents required to be published under paragraph (a) have been so published;

(c)send to any person who has asked the Secretary of State to be notified of the decision in relation to a urgent Crown development application, a notice explaining that the decision has been made and details of where on the website referred to in paragraph (2) of article 9 a copy of the decision notice can be found.

(2) As soon as practicable after receiving notification under paragraph (1)(b) that the Secretary of State has published the decision notice, 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 decision and any written representations published by the Secretary of State .

Representations received by the relevant local planning authority

20.  Where representations in relation to a urgent Crown development application are received by the relevant local planning authority the authority must, as soon as practicable, forward the representations to the Secretary of State at an address notified to that authority by the Secretary of State for that purpose.