# The Town and Country Planning (Permission in Principle) Order 2017, Article 5V: Appeals in relation to permission in principle applications


(1) An applicant who wishes to appeal to the Secretary of State under section 78 of the 1990 Act must give notice of appeal to the Secretary of State by serving on the Secretary of State within—
(a) the time limit specified in paragraph (3); or
(b) such longer period as the Secretary of State may at any time allow,
a completed appeal form, obtained from the Secretary of State, together with such of the documents specified in paragraph (4) as are relevant to the appeal.
(2) As soon as reasonably practicable after giving notice of appeal under paragraph (1), the applicant who wishes to appeal must serve on the local planning authority—
(a) a copy of the completed appeal form mentioned in paragraph (1); and
(b) a copy of the documents mentioned in paragraphs (4)(d) and (f) to (h) (where those paragraphs apply).
(3) The time limit mentioned in paragraph (1) is 6 months from—
(a) the date of the notice of the decision or determination giving rise to the appeal; or
(b) in any other case, the expiry of the specified period.
(4) The documents mentioned in paragraph (1) or (2) are—
(a) a copy of the application which was sent to the local planning authority which has occasioned the appeal;
(b) all plans, drawings and documents sent to the authority in connection with the application;
(c) all correspondence with the authority relating to the application;
(d) any other relevant plans, documents or drawings relating to the application which were not sent to the authority;
(e) the notice of the decision or determination, if any;
(f) subject to paragraph (5), the applicant’s full statement of case (if they wish to make additional representations);
(g) subject to paragraph (5), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and
(h) subject to paragraph (5), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry.
(5) The relevant documents required in paragraphs (4)(d) and (4)(f) to (h) are not required to accompany the notice under paragraph (1) or be sent to the local planning authority under paragraph (2) where—
(a) a direction is given by the Secretary of State under section 321(3) of the 1990 Act (matters related to national security); ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1) and the documents required under paragraph (4) are not served on the Secretary of State within the time limit specified in paragraph (3).
(7) The Secretary of State may provide, or arrange for the provision of, a website for use for such purposes as the Secretary of State thinks fit which—
(a) relate to appeals under section 78 of the 1990 Act and this article; and
(b) are capable of being carried out electronically.
(8) Where a person gives notice of appeal to the Secretary of State using electronic communications, the person is taken to have agreed—
(a) to the use of such communications for all purposes relating to the appeal which are capable of being carried out electronically;
(b) that the person’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person’s notice of appeal; and
(c) that the person’s deemed agreement under this paragraph subsists until notice is given in accordance with article 7A that the person wishes to revoke the agreement.
(9) In this article—
“draft statement of common ground” means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority;
“full statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence; and
“specified period” means the period specified in article 5S.

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Source: https://www.legislation.gov.uk/uksi/2017/402/article/5V (the official version)
Page: https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017/article-5V
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.