Article 14 Publicity for relevant applications: designated planning authorityF1
England and Wales
This article applies where the designated planning authority receives a notice under article 11(2) (information to be provided to the designated planning authority by the Secretary of State in relation to a relevant application).
Where the notice relates to a special development application, the designated planning authority must within 5 working days —
give the 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 F2, or in the case of an EIA application accompanied by an environmental statement 30 days; and
send a copy of the requisite notice to the Secretary of State.
Where the notice under article 11(2) relates to a standard major development application or a standard non-major development application, the designated planning authority must within 5 working days—
give the requisite notice in relation to the application by—
site display of the requisite notice in at least one place on or near the land to which the application relates for not less than 21 days F3, or in the case of an EIA application accompanied by an environmental statement 30 days; or
serving the requisite notice on each adjoining owner or occupier; and
send a copy of the requisite notice to the Secretary of State.
Where a designated planning authority is required to give the requisite notice in relation to an application under this article by site display, but without any fault or intention on the part of the authority the notice is removed, obscured or defaced before the F421 or 30 day period, as appropriate, and as specified in paragraph (2)(a) or (3)(a)(i) has elapsed, the authority is treated as having complied with the requirements of paragraph (2)(a) or (3)(a)(i) if they have taken reasonable steps to—
protect the notice; and
if necessary, provide for its replacement.
In this article “adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates.
When computing the number of days in paragraphs (2)(a) and (3)(a), any day which is a public holiday must be disregarded unless the application is an EIA application accompanied by an environmental statement.
In the case of a relevant application for public service infrastructure development in paragraphs (2)(a) (3)(a)(i) and (4), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.
Annotations
Textual amendments
- F1
Arts. 12A-14 substituted for arts. 13, 14 (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016 (S.I. 2016/944), regs. 1(1), 2(5)
- F2
Words in art. 14(2)(a) inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 74(4)(a) (with regs. 47, 70)
- F3
Words in art. 14(3)(a)(i) inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 74(4)(b) (with regs. 47, 70)
- F4
Words in art. 14(2) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 74(4)(c) (with regs. 47, 70)
- F5
Art. 14(6) inserted (1.6.2018 with application 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), arts. 1(4), 13
- F6
Art. 14(7) inserted (16.7.2021 with application in accordance with reg. 1(5) of the amending S.I.) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021 (S.I. 2021/746), arts. 1(3), 24