Article 13 Notice to parish and community councils

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 13(1) words omitted by Local Government Reorganisation 1996 art. 3 Sch. para. 20(3)(a)
art. 13(1) words inserted by Local Government Reorganisation 1996 art. 3 Sch. para. 20(3)(a)
art. 13(3) words inserted by Local Government Reorganisation 1996 art. 3 Sch. para. 20(3)(b)
arts 12, 13 am (E) by Town and Country Planning (General Development Procedure) 2005 arts 2, 7, 8

(1)

Where the council of a parish or community are given information in relation to an application pursuant to paragraph 8(1) of Schedule 1 to the Act^f1 (local planning authorities — distribution of functions), they shall, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and shall make any representations to that authority within 14 days of the notification to them of the application.

(2)

A local planning authority shall not determine any application in respect of which a parish or community are required to be given information before—

(a)

the council of the parish or community inform them that they do not propose to make any representations;

(b)

representations are made by that council; or

(c)

the period of 14 days mentioned in paragraph (1) has elapsed,

whichever shall first occur; and in determining the application the authority shall take into account any representations received from the council of the parish or community.

(3)

The district planning authority (or, in a metropolitan county, the local planning authority) shall notify the council of the parish or community of the terms of the decision on any such application or, where the application is referred to the Secretary of State, of the date when it was so referred and, when notified to them, of the terms of his decision^f2.

Annotations

Footnotes

f1: Paragraph 8 of Schedule 1 was substituted by paragraph 53(5) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).
f2: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.