Statutory Instrument 1992 No. 1493

The Town and Country Planning General Development (Amendment) (No. 4) Order 1992

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© Crown Copyright 1992

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1992 No. 1493

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning General Development (Amendment) (No. 4) Order 1992

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 59, 60, 61(1), 65, 71, 77(4), 79(4) and 333(7) of the Town and Country Planning Act 1990^[1] and all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 4) Order 1992 and shall come into force on 17th July 1992.

    (2)  In this Order—
"the 1988 Order" means the Town and Country Planning General Development Order 1988^[2].

Amendment of interpretation article
    2.    In article 1(2) of the 1988 Order (interpretation)—
 (a) after the definition of "landscaping" insert—
""by local advertisement" means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;"

 (b) after the definition of "satellite antenna" insert—
""by site display" means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;"

Notice of applications for planning permission
    3.—(1)  For article 12 of the 1988 Order substitute—

"Notice of application for planning permission
    12.—(1)  Subject to paragraph (2), an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant,—
(a) by serving the notice on every such person whose name and address is known to him; and

(b) where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement after the prescribed date.


    (2)  In the case of a minerals application by underground working, instead of giving notice in the manner provided for by paragraph (1), the applicant shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant,—
(a) by serving the notice on every such person who the applicant knows to be such a person and whose name and address is known to him;

(b) by local advertisement after the prescribed date; and

(c) by site display in at least one place in every parish or community within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.


    (3)  The notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.

    (4)  The applicant shall not be treated as having failed to satisfy the requirements of paragraph (2)(c) if the notice is, without any fault or intention of his, removed, obscured or defaced before the period of seven days referred to in that paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.

    (5)  
(a) The date prescribed for the purposes of section 65(2) of the Act, and the "prescribed date" for the purposes of this article, is the day 21 days before the date of the application;

(b) The applications prescribed for the purposes of paragraph (c) of the definition of "owner" in section 65(8) of the Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.


    (6)  In this article—

  "minerals applications" mean applications for planning permission for develop-ment consisting of the winning and working of minerals;

  "requisite notice" means notice in the appropriate form set out in Part 1 of Schedule 4 to this Order; and

  "tenant" means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.



Certificates in relation to notice of applications for planning permission
    12A.—(1)  Where an application for planning permission is made, the applicant shall certify, in the appropriate form prescribed in Part 2 of Schedule 4 hereto, that the requirements of article 12 have been satisfied.

    (2)  If an applicant has cause to rely on paragraph (4) of article 12, the certificate must state the relevant circumstances." .




    (2)  In article 10 of the 1988 Order (general provisions relating to applications)—
 (a) in paragraph (2)(a) for "section 27 (notification to owners and agricultural tenants) of the Act" substitute "article 12A";
 (b) in paragraph (2)(b) for "section 27 of the Act" substitute "article 12A".

    (3)  In article 26 of the 1988 Order (appeals)—
 (a) omit paragraph (3)(d);
 (b) in paragraph (3)(e) for "section 26 or 27 of the Act" substitute "article 12A".

Publicity for applications for planning permission
    4.    After article 12A of the 1988 Order (inserted by article 3 of this Order) insert—

"Publicity for applications for planning permission
    12B.—(1)  An application for planning permission shall be publicised by the local planning authority to which the application is made in the manner prescribed by this article.

    (2)  In the case of an application for planning permission for development which—
(a) is the subject of an E.A. Schedule 1 or E.A. Schedule 2 application accompanied by an environmental statement;

(b) does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or

(c) would affect a right of way to which Part III of the Wildlife and Countryside Act 1981^[3] applies,

the application shall be publicised in the manner specified in paragraph (3).

    (3)  An application falling within paragraph (2) ( "a paragraph (2) application") shall be publicised by giving requisite notice by—
(a) site display in at least one place on or near the land to which the application relates for not less than 21 days, and

(b) local advertisement.


    (4)  In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised by giving requisite notice by—
(a) 
(i) site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii) serving the notice on any adjoining owner or occupier,

and

(b) local advertisement.


    (5)  In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by giving requisite notice by—
(a) site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(b) serving the notice on any adjoining owner or occupier.


    (6)  The local planning authority shall not be treated as having failed to satisfy the requirements of paragraph (3)(a), (4)(a)(i) or (5)(a) if the notice is, without fault or intention of the authority, removed, obscured or defaced before the period of 21 days referred to in each of those paragraphs has elapsed, if they have taken reasonable steps for its protection and, if need be, replacement.

    (7)  In this article—

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

  "E.A. Schedule 1 application" and "E.A. Schedule 2 application" have the same meanings as "Schedule 1 application" and "Schedule 2 application" respectively in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988^[4];

  "environmental statement" has the same meaning as in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988;

  "major development" means development involving any one or more of the following—
(a) the winning and working of minerals or the use of land for mineral-working deposits;

(b) waste development;

(c) the provision of dwellinghouses where—
(i) the number of dwellinghouses to be provided is 10 or more; or

(ii) the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or

(e) development carried out on a site having an area of 1 hectare or more;


  "requisite notice" means notice in the appropriate form set out in Schedule 5 hereto;

  "waste development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials." .

Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
    5.    After article 12B of the 1988 Order (inserted by article 4 of this Order) insert—

"Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
    12C.—(1)  Articles 12 and 12A apply to any appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990 as they apply to applications for planning permission.

    (2)  Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 12B in respect of an application for the planning permission at the time the application is referred to the Secretary of State under section 77 of that Act, or any appeal to the Secretary of State is made under section 78 of that Act, article 12B shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.

    (3)  Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 12B, they shall inform the Secretary of State that they have done so." .

Representations to be taken into account
    6.    After article 22 of the 1988 Order insert—

"Representations to be taken into account
    22A.—(1)  A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been—
(a) given by site display under article 12 or 12B, within 21 days beginning with the date when the notice was first displayed by site display;

(b) served on—
(i) an owner of the land or a tenant of an agricultural holding under article 12, or

(ii) an adjoining owner or occupier under article 12B,

within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them he is such an owner, tenant or occupier; or

(c) given by local advertisement under article 12 or 12B, within 14 days beginning with the date on which the notice was published,

and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Act.

    (2)  A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.

    (3)  Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Act, as if the references to—
(a) a local planning authority were to the Secretary of State, and

(b) determining an application for planning permission were to determining such application or appeal, as the case may be." .

Time periods for decision
    7.    Article 23 of the 1988 Order (time periods for decision) is amended as follows—
 (a) at the beginning of paragraph (1) insert the words "Subject to paragraph (5),";
 (b) in paragraph (3)(b) after "by the Act" insert "or this Order";
 (c) at the end insert—
"  (5)  Subject to paragraph (6), a local planning authority shall not determine an application for planning permission, where any notice of the application has been—
(a) given by site display under article 12 or 12B, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(b) served on—
(i) an owner of the land or a tenant of an agricultural holding under article 12, or

(ii) an adjoining owner or occupier under article 12B,

before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c) given by local advertisement under article 12 or 12B, before the end of the period of 14 days beginning with the date on which the notice was published,

and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the Act.

    (6)  Where, under paragraph (5), more than one of the prescribed periods applies, the local planning authority shall not determine the application before the end of the later or latest of such periods." .

Agricultural buildings and operations
    8.    In Part 6 of Schedule 2 to the 1988 Order^[5]—
 (a) after paragraph A.2 (2)(c) insert—
"(cc) 
(i) where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(ii) the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;" .

 (b) after paragraph D.4, insert—
    "D.4A    In paragraph A.2(2)(cc), "site notice" means a notice containing—
(a) the name of the applicant,

(b) the address or location of the proposed development,

(c) a description of the proposed development and of the materials to be used,

(d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,

(e) the name and address of the local planning authority," .

Forestry buildings and operations
    9.    In Part 7 of Schedule 2 to the 1988 Order^[6]—
 (a) after paragraph A.2 (1)(c) insert—
"(cc) 
(i) where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(ii) the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;" .

 (b) at the end of paragraph A.3, insert—
""site notice"means a notice containing—

(a) the name of the applicant,

(b) the address or location of the proposed development,

(c) a description of the proposed development and of the materials to be used,

(d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way,

(e) the name and address of the local planning authority," .

Appropriate forms
    10.    Subject to article 11 of this Order, for Schedule 5 to the 1988 Order substitute Schedules 4 and 5 set out in the Schedule to this Order.

Saving
    11.    The amendments made to the 1988 Order by article 10 shall not apply with respect to certificates for the purposes of article 29(15) of the 1988 Order (established use certificates).

Transitionals
    12.—(1)  The amendments made to the 1988 Order by article 4 shall not apply to applications for planning permission made before the date of coming into force of this Order.

    (2)  The amendments made to the 1988 Order by articles 8 and 9 shall not apply where the local planning authority has given the applicant notice before the date of coming into force of this Order.

Revocation
    13.    Article 11 of, and Schedule 4 to, the 1988 Order, and article 10 of the Town and Country Planning General Development (Amendment) Order 1991^[7] are hereby revoked.

Michael Howard

Secretary of State for the Environment

22nd June 1992

David Hunt

Secretary of State for Wales

24th June 1992

[1] 1990 c. 8; section 65 is substituted and section 71 amended by section 16 of the Planning and Compensation Act 1991 (c. 34); see section 71(4) for the definition of "prescribed"; sections 71(4), 77(4) and 79(4) are amended by paragraphs 15, 18 and 19 of Schedule 7 to the 1991 Act. back

[2] S.I. 1988/1813; relevant amendments are made by S.I. 1991/1536, 1991/2268 and 1991/2805. back

[3] 1981 c. 69, to which there are amendments not relevant to this Order. back

[4] S.I. 1988/1199, amended by S.I. 1990/367. back

[5] A relevant amendment is made by S.I. 1991/2805. back

[6] A relevant amendment is made by S.I. 1991/2268. back

[7] S.I. 1991/1536. back

Explanatory Note