Article 5R Representations to be taken into accountF1

(1)

A local planning authority must, in determining an application for permission in principle, take into account any representations made where any notice of, or information about, the application has been—

(a)

given by site display under article 5G, within 14 days beginning with the date when the notice was first displayed by site display;

(b)

served on an infrastructure manager under article 5H, within 14 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who they are satisfied is such an infrastructure manager; or

(c)

published on a website under article 5G, within the period of 14 days beginning with the date on which the notice or information was published.

(2)

A local planning authority must give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1).

(3)

Paragraphs (1) and (2) apply to applications referred to the Secretary of State under section 77 of the 1990 Act F2... and paragraphs (1) and (2) apply to appeals to the Secretary of State made under section 78 of the 1990 Act, as if the references to—

(a)

a local planning authority were to the Secretary of State; and

(b)

determining an application for permission in principle were to determining such an application or appeal, as the case may be.

(F34)

When computing the number of days in paragraphs (1)(a) and (c), any day which is a public holiday must be disregarded F4....

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: Words in art. 5R(3) 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(4)(a)
F3: Art. 5R(4) 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. 30
F4: Words in art. 5R(4) 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(4)(b)