Explanatory note

This Order makes amendments to the provisions for the notification of owners in relation to land to which a planning application relates.

The Town and Country Planning (Development Management Procedure) (England) Order 2010 (S.I. 2010/2184) (“the 2010 Order”) provides for procedures connected with planning applications and other matters in England. Article 11 of the 2010 Order requires applicants to notify owners of the land to which the application relates. Article 11(2), in particular, sets out the notification required in relation to applications for planning permission for development consisting of the winning and working of minerals by underground operations.

Article 2 of this Order amends article 6 and 11 of the 2010 Order. Article 6 of the 2010 Order is amended to provide for the Secretary of State, not the local planning authority, to publish the form of application for planning permission consisting of the winning and working of oil or natural gas by underground operations (including exploratory drilling).

Article 2 of this Order inserts a new paragraph (2A) into article 11 of the 2010 Order. Paragraph (2A) provides that in the case of applications consisting of the winning and working of oil or natural gas (including exploratory drilling) the provisions of article 11(2) are modified so that the applicant is not required to notify the owners of land where the land in question is solely to be used for underground operations.

Article 3 of this Order inserts an equivalent provision, new paragraph (2A), into article 9 of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (S.I. 2013/2140). That Order provides for procedures connected with applications for planning permission made directly to the Secretary of State in accordance with section 62A of the Town and Country Planning Act 1990.

A regulatory impact assessment will be prepared in relation to the Order. It will be placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or viewed at www.communities.gov.uk