Article 4 Publicity for applications for planning permission

For paragraphs (2) to (5) of article 8 of the 1995 Order there shall be substituted—

“(2)

In the case of a planning application for planning permission within the designated area for development—

(a)

which is the subject of an EIA application accompanied by an environmental statement, the application shall be publicised in the manner specified in paragraph (3);

(b)

which 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, shall be publicised in the manner specified in paragraph (3A);

(c)

which would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies the application shall be publicised in the manner specified in paragraph (3A).

(3)

An application falling within paragraph (2)(a) shall be publicised by the local planning authority giving requisite notice—

(a)

by 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)

by local advertisement.

(3A)

An application falling within paragraph (2)(b) or (2)(c) shall be publicised by the local planning authority giving requisite notice—

(a)

by 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)

where the local planning authority maintains a website for the purpose of advertisement of applications, by publication of the notice on the website.

(4)

In the case of an application for planning permission to which paragraph (2) does not apply, if the application is for major development the application shall be publicised by the local planning authority—

(a)

by giving requisite notice by 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)

by serving the notice on any adjoining owner or occupier, and

where the local planning authority maintains a website for the purpose of advertisement of applications, shall also be published on that website.

(5)

In the case of an application to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by the local planning authority giving requisite notice—

(a)

by 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)

by serving the notice on any adjoining owner or occupier.”