OpenLegislation

Article 52 SafeguardingI1

England and Wales

(1)

Save in respect of exempt applications, before granting planning permission for development to which this article applies, a relevant planning authority must consult the undertaker.

(2)

This article applies to development which would be wholly or partly within the Order limits.

(3)

Where this article requires a relevant planning authority to consult the undertaker before granting planning permission—

(a)

they must give the undertaker notice of the application for planning permission (unless the applicant has served a copy of the application on the undertaker); and

(b)

they may not determine the application before the end of the period of 21 days, beginning two working days after the relevant planning authority has sent the notice to the undertaker by first class post or by such other means of service as may be agreed with the relevant planning authority, which will be deemed to be the date on which the undertaker receives the notice or copy of the application.

(4)

But a relevant planning authority may determine an application during that period if the undertaker has—

(a)

made representations to the relevant planning authority about the application, or

(b)

notified the relevant planning authority that it does not intend to make representations.

(5)

In determining an application for planning permission a relevant planning authority must take into account any representations received in accordance with this article.

(6)

The requirement to consult under this article is a local land charge.

(7)

The requirement to consult will cease to have effect upon completion of the decommissioning of the authorised development or the final part of it.

(8)

In this article—

  • “exempt applications” means—

    1. (i)

      an application for planning permission which relates to development that—

      1. (aa)

        consists of an alteration to an existing building, or the change of use of an existing building or land; and

      2. (bb)

        does not involve, or is not likely to involve, any construction engineering or other operations below existing ground level,

    2. (ii)

      an application for planning permission which is to be determined by a relevant planning authority in the period of 21 days beginning on the day after the date on which the Order comes into force; and

  • “relevant planning authority” means the planning authority in receipt of an application for planning permission to which this article applies.

Annotations

Commencement

I1

Art. 52 in force at 4.10.2024, see art. 1