{
  "url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-written-representations-and-miscellaneous-provisions-regulations-2013/note",
  "json_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-written-representations-and-miscellaneous-provisions-regulations-2013/note.json",
  "legislation": "uksi/2013/2142",
  "legislation_title": "The Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-written-representations-and-miscellaneous-provisions-regulations-2013",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 62A of the Town and Country Planning Act 1990 (“the 1990 Act”) provides that a local planning authority may be designated by the Secretary of State. Where an authority is designated a person applying for planning permission for major development may choose to submit their application to the Secretary of State for determination.\nThese Regulations prescribe certain matters under section 62A and 319A of the 1990 Act and make provision in relation to relevant applications which are to be determined by way of written representations.\nThese Regulations are part of a package of provisions in relation to section 62A applications—\n(a) the procedures to be followed in relation to relevant applications made directly to the Secretary of State under section 62A of the 1990 Act are set out in the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013;\n(b) the fees to be charged in relation to section 62A applications and pre-application advice are prescribed in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, which were amended by the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013;\n(c) the rules in relation to hearings held to consider relevant applications are set out in the Town and Country Planning (Section 62A Applications) (Hearings) Rules 2013;\n(d) the provisions which apply where the application is to be determined by way of written representations, instead of a hearing, are set out in these Regulations.\nPart 2 prescribes which development is “major development” under section 62A(2) of the 1990 Act (this definition is similar to the definition of “major development” in the Town and Country Planning (Development Management Procedure) (England) Order 2010, however waste development and minerals developments are, for the purposes of these Regulations, now subject to the same thresholds as any other type of development (for example, carried out on a site which has an area of 1 hectare or more)); and the period within which the Secretary of State must determine which procedure an application under section 62A is to follow. Under section 319A of the 1990 Act the procedure which may be used includes a hearing or written representations.\nPart 3 of the Regulations makes provision in relation to determining a relevant application on the basis of written representations.\nThese Regulations implement section 1 of, and Schedule 1 to, the Growth and Infrastructure Act 2013. That Act was subject to a full impact assessment which can be found at www.legislation.gov.uk. Copies of that impact assessment may be obtained from the Planning Directorate, 1st Floor, Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2142/note",
    "retrieved_at": "2026-10-29T00:43:26.164616+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."
}