OpenLegislation

Article 5G Publicity for applications for permission in principleF1

(1)

An application for permission in principle made to a local planning authority must be publicised by the authority—

(a)

in accordance with the requirements in paragraph (3), and

(b)

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 14 days.

(2)

Where the notice referred to in paragraph (1)(b) is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 14 days referred to has elapsed, the authority is to be treated as having complied with the requirements of paragraph (1)(b) if they have taken reasonable steps for protection of the notice and, if need be, its replacement.

(3)

The following information must be published on a website maintained by the local planning authority—

(a)

the address or location of the proposed development;

(b)

a description of the proposed development;

(c)

the date by which any representations about the application must be made, which must not be before the last day of the period of 14 days beginning with the date on which the information is published;

(d)

where and when the application may be inspected; and

(e)

how representations may be made about the application.

(4)

Where the local planning authority have failed to satisfy the requirements of this article in respect of an application for permission in principle at the time—

(a)

the application is referred to the Secretary of State under section 77 (reference of applications to Secretary of State) of the 1990 Act, or

(b)

any appeal to the Secretary of State is made under section 78(2) (appeals in relation to non-determined applications) of the 1990 Act,

this article continues to apply as if such referral or appeal to the Secretary of State had not been made.

(5)

Where paragraph (4) applies, the local planning authority must inform the Secretary of State as soon as they have satisfied the relevant requirements in this article.

(6)

In this article “requisite notice” means notice in the appropriate form set out in Schedule 1 or in a form substantially to the same effect.

F2(7)

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(F38)

When computing the number of days in paragraphs (1)(b), (2) and (3)(c), any day which is a public holiday must be disregarded unless the application is one to which paragraph (7) applies.

Annotations

Textual amendments

F1

Pt. 2A inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 4

F2

Art. 5G(7) omitted (1.5.2025) by virtue of The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 14(2)

F3

Art. 5G(8) inserted (coming into force in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 29