Regulation 5 Notification of valid application

(1)

Within the period of 15 working days beginning with the first working day after it receives an application that it considers complies with the requirements of regulation 3 (1), the confirming authority must—

(a)

notify each of the acquiring authority^f1 and the applicant in writing that it has received and accepted the application;

(b)

provide a written copy of the application, together with any accompanying documents and information received from the applicant apart from any it has disregarded under regulation 3 (3), to the acquiring authority;

(c)

notify the acquiring authority that—

(i)

it may make written representations about—

(aa)

the application’s compliance with regulation 3 (1), and

(bb)

whether the conditions in paragraph 1(3) of Schedule 2A to the Act have been met in respect of the compulsory purchase order referred to in the application;

(ii)

the confirming authority may disregard any written representations which it receives after the expiry of—

(aa)

the period of 15 working days beginning with the first working day after the date it sent the notification, or

(bb)

such longer period as the confirming authority notifies the acquiring authority of in writing within the period referred to in sub-paragraph (aa).

(2)

At the same time, the confirming authority must also send to the local planning authority an electronic copy of—

(a)

the application,

(b)

the notification to the acquiring authority under paragraph (1)(a), and

(c)

any accompanying documents and information received from the applicant, apart from any it has disregarded under regulation 3 (3),

and may send the same information to any other person it considers appropriate.

(3)

Where the confirming authority sends copies and information in accordance with paragraph (2) to any person it must provide notification that—

(a)

the person may make written representations as to the matters referred to in paragraph (1)(c)(i);

(b)

the confirming authority may disregard any written representations which it receives after the expiry of—

(i)

the period of 15 working days beginning with the first working day after the date it sent the notification, or

(ii)

such longer period as the confirming authority notifies the person of in writing within the period referred to in paragraph (3)(b)(i).

(4)

As soon as reasonably practicable following receipt of the notification under paragraph (1)(a) the acquiring authority must—

(a)

send the confirming authority electronic copies of—

(i)

the compulsory purchase order referred to in the application,

(ii)

the statement of commitments^f2 it made in respect of that compulsory purchase order, and

(iii)

its notice of the confirmation or making of that compulsory purchase order as was served in compliance with—

(aa)

section 15(1)(a) of the 1981 Act^f3,

(bb)

paragraph 6(1)(a) of Schedule 1 to the 1981 Act^f4,

(cc)

paragraph 5 of Schedule 4 to the New Towns Act 1981^f5, or

(dd)

paragraph 5 of Schedule 5 to the New Towns Act 1981^f6, or

(b)

where any of that information is no longer in its possession or control, send written notification of this to the confirming authority.

(5)

Where the acquiring authority notifies the confirming authority that any of the information referred to in paragraph (4) is no longer in its possession or under its control the confirming authority must take reasonable steps to obtain such information.

Annotations

Footnotes

f1: See section 39(1) of the Act for the meaning of “acquiring authority”.
f2: See paragraph 1(4) of Schedule 2A to the Act for the meaning of the “statement of commitments”.
f3: Section 15 was substituted by section 100(7) of the Planning and Compulsory Purchase Act 2004 (c. 5).
f4: Paragraph 6 was substituted by section 101(5) of the Planning and Compulsory Purchase Act 2004 (c. 5).
f5: 1981 c. 64; paragraph 5 was amended by S.I. 2017/16.
f6: Paragraph 5 was substituted by S.I. 2017/16.