The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
regulation 8 8.—(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(1) is amended as follows.
(2) In article 4 (applications for planning permission), in paragraph (1)(a), at the end insert “(or a form to substantially the same effect)”.
(3) In article 5 (applications for reserved matters)—
regulation 8 3 a (a)in paragraph (1), for sub-paragraphs (a) and (b) substitute—
“(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, and
(b)include such particulars and be accompanied by such plans and drawings as are necessary to deal with the matters reserved in the outline planning permission.”, and
regulation 8 3 b (b)omit paragraph (2).
(4) After article 6 (applications in respect of Crown land) insert—
Crown development: applications under section 293D of the 1990 Act
6A.—(1) Where the Secretary of State directs under section 293D(9) of the 1990 Act that an application is to be treated as having been made to the Secretary of State under section 62A of the 1990 Act (“the redirected application”), paragraphs (2) to (4) apply.
(2) Any references in this Order to the date of an application or to the date on which an application is made are to be interpreted in relation to the redirected application as the date on which the Secretary of State directs under section 293D(9) of the 1990 Act that the application is to be treated as having been made under section 62A of the 1990 Act.
(3) Articles 9 (notice of application to be given by the applicant) and 10 (certificates in relation to notice of applications) do not apply in relation to the redirected application provided—
(a)the applicant complied with the notice requirements specified in article 9 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025(2) (“the 2025 Order”) when the original application was made to the Secretary of State under section 293D of the 1990 Act, and
(b)the application includes the certificate required by article 10 of the 2025 Order.
(4) Where paragraph (3) provides for articles 9 and 10 not to apply in relation to the redirected application, the references to article 9 contained in article 23(4) (time periods for decision) are to be interpreted as references to the equivalent provisions of article 9 of the 2025 Order.”.
(5) In article 19 (duty to respond to consultation)—
regulation 8 5 a (a)before paragraph (1) insert—
“(A1) The requirements to consult which are prescribed for the purposes of section 54(2) of the 2004 Act (duty to respond to consultation) are those contained in articles 17 and 18.”, and
regulation 8 5 b (b)in paragraph (1), for “Subject to paragraph (3)” substitute “For the purposes of section 54(4)(a) of the 2004 Act, subject to paragraph (3),”.
(6) In article 29 (applications for listed building consent), in paragraph (1)(a), after “published by him” insert “(or a form to substantially the same effect)”.
S.I. 2013/2140; relevant amending instruments are S.I. 2014/1532 and 2021/746.