{
  "url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-4",
  "json_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-4.json",
  "legislation": "uksi/2013/2140",
  "legislation_title": "The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Applications for planning permission",
  "text": "(1) A relevant application for planning permission must—\n(a) be made in writing to the Secretary of State on a form published by him (or a form to substantially the same effect);\n(b) include the particulars specified or referred to in the form; and\n(c) be accompanied by—\n(i) where the application is made electronically, a copy of—\n(aa) the application;\n(bb) a plan which identifies the land to which the application relates; ...\n(cc) such other plans, drawings and information necessary to describe the development which is the subject of the application;\n(dd) the information relating to the condition under paragraph 13 of Schedule 7A to the 1990 Act (“the biodiversity gain condition”) specified in paragraph (1A); or\n(ii) where the application is not made electronically, 3 copies of the documents and information referred to in paragraphs (i)(aa) to (dd).\n(1A) A relevant application for planning permission must be accompanied by the following information relating to the biodiversity gain condition—\n(a) a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;\n(b) where the applicant believes that planning permission, if granted, would not be subject to the biodiversity gain condition, the reasons for that belief;\n(c) in cases where the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition—\n(i) the completed biodiversity metric calculation tool or tools (as the case may be) showing the calculation of the biodiversity value of the onsite habitat, for the purpose of the biodiversity gain plan required to be submitted under paragraph 13 of Schedule 7A to the 1990 Act if permission is granted, on—\n(aa) the date of the application, or\n(bb) an earlier date proposed by the applicant, and\n(cc) the date immediately before any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land;\n(ii) the biodiversity value or values (as the case may be) referred to in paragraph (i);\n(iii) the publication date of the biodiversity metric calculation tool or tools (as the case may be) used to calculate the values referred to in paragraph (i);\n(iv) if an earlier date is proposed by the applicant under paragraph (i)(bb), the reasons why that earlier date is proposed;\n(v) if any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land—\n(aa) a statement that such activities have been carried out,\n(bb) confirmation of the date immediately before those activities were so carried out, and\n(cc) any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in paragraph (i)(cc).\n(vi) a description of any irreplaceable habitat, corresponding to the descriptions in Table 1 or in column 1 of Table 2 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024, that—\n(aa) is on the land to which the application relates, and\n(bb) exists on the date referred to in paragraph (i)(aa) or (bb) (as applicable);\n(vii) a plan showing the location, on the date referred to in paragraph (i)(aa) or (bb) (as applicable), of—\n(aa) the onsite habitat included in the calculations referred to in paragraph (i), and\n(bb) any irreplaceable habitat.\n(1B) In an area where, on the date on which a relevant application is made, a charging schedule is in effect for the charging of community infrastructure levy under Part 11 of the Planning Act 2008 (“CIL”), a relevant application for planning permission must also be accompanied by the following information relating to CIL—\n(a) a statement as to whether the applicant considers that the development, if granted planning permission, would be liable for CIL;\n(b) where the applicant does not consider the development, if granted planning permission, would be liable for CIL, the reasons for that view;\n(c) subject to paragraph (1C), in cases where the applicant considers the development, if granted planning permission, would be liable for CIL, details of—\n(i) the gross internal area to be created by the development;\n(ii) the existing buildings to be retained, demolished or partially demolished under the development;\n(iii) any relief or exemption from CIL which may be applicable to the development.\n(1C) For the purposes of paragraph (1B)—\n(a) where details of the gross internal area to be created by the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide an estimate of the gross internal area to be created by the development;\n(b) where details of the existing buildings to be retained, demolished or partially demolished under the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which existing buildings are likely to be retained, demolished or partially demolished;\n(c) where details of any relief or exemption from CIL which may be applicable to the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which relief or exemption from CIL they consider may be applicable.\n(2) Any plans or drawings required to be provided by paragraph (1) or paragraph (1A) must be drawn to an identified scale and, in the case of plans, must show the direction of North.\n(3) Subject to paragraph (7), in the case of a relevant application for outline planning permission, details need not be given of any reserved matters.\n(4) Where a relevant application is made using electronic communications to transmit a form to the Secretary of State, the applicant is taken to have agreed—\n(a) to the use of such communications by the Secretary of State for the purposes of the application;\n(b) that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and\n(c) that the applicant’s deemed agreement under this paragraph subsists until the applicant gives notice in writing of the withdrawal of consent to the use of electronic communications under article 3(7).\n(5) Where a relevant application is made for outline planning permission, the Secretary of State may grant permission subject to a condition specifying the reserved matters which are to be subject to subsequent approval.\n(6) Where the Secretary of State is of the opinion that, in the circumstances of the case, the relevant application ought not to be considered separately from all or any of the reserved matters, he must, within the period of 1 month beginning with the receipt of the application, notify the applicant that he is unable to determine the application unless further details are submitted, specifying the further details that are required.\n(7) Where access is a reserved matter, the application for outline planning permission must state the area or areas where access points to the development proposed will be situated.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 4(1)(a) inserted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 8(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in art. 4(1)(c)(i)(bb) omitted (12.2.2024) by virtue of The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 11(a)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 4(1)(c)(i)(dd) inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 11(a)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in art. 4(1)(c)(ii) substituted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 11(a)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 4(1A) inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 11(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 4(1B)(1C) inserted (1.5.2025) by The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (S.I. 2025/433), regs. 1(2), 3(3)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in art. 4(2) inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 11(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 4 in force at 1.10.2013, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2140/article/4",
    "retrieved_at": "2026-10-29T00:43:28.016424+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}