Article 5 Documents accompanying applications
Every application shall be accompanied by—
a draft of the proposed order;
a concise memorandum explaining the powers sought, and the other matters for which provision is to be made in the proposed order;
a declaration as to the status of the applicant if not an individual or a company regulated by the Companies Act 1985f1;
evidence by affidavit of compliance with the provisions of paragraphs (2) and (3) of rule 3 above (if they apply);
a list of all consents, permissions or licences required under other enactments for the purposes of the powers sought in the application, which at the date of the application are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence—
the name of the person from whom the consent, permission or licence is required;
the date of the application, or of the grant or refusal of the consent, permission or licence (as the case may be); and
the reference number (if any) of such application;
the fees prescribed by rule 14 below;
an environmental statement, a copy of a waiver direction or both (as the case may be);
a copy of any direction made under rule 12;
three copies of the application and of every document required by these Rules to be submitted with it.
In the case of an application of a kind described in paragraph (3) below, it shall be accompanied by—
such of the plans and sections described in paragraphs (1) and (2) of rule 7 below as are relevant thereto;
an estimate of the cost of implementing the proposed order, which shall, in so far as it relates to any of the matters included in Schedule 4 below, be in the form set out in that Schedule or as nearly in that form as circumstances permit;
concise details of the applicant’s proposals for funding the cost of implementing the order and, in particular, for funding the cost of acquiring land which is blighted land within the meaning of section 149 of the Planning Act;
an estimate of the time required to complete the works for which provision is made in the draft order.
Paragraph (2) above applies to an application for an order providing for—
the construction of a transport system or inland waterway (or a part thereof);
the carrying out of works of a kind described in section 3(1)(b);
the alteration or demolition (in whole or in part) of a transport system, an inland waterway or works of a kind described in section 3(1)(b);
works consequential upon the abandonment or neglect of a transport system, inland waterway or works of a kind described in section 3(1)(b) (or of a part thereof); or
the construction, alteration, demolition or removal of a building, road, path or watercourse, or the carrying out of other works ancillary to the construction or operation of a transport system, inland waterway or works of a kind described in section 3(1)(b).
In the case of an application for an order authorising the compulsory acquisition of land, or the right to use land, or the compulsory extinguishment of easements and other private rights over land (including private rights of navigation over water), it shall be accompanied by the plans and the book of reference respectively described in paragraphs (3), (4), (5) and (6) of rule 7 below.
In the case of an application for an order providing for the extinguishment or diversion of rights of way over a public footpath, bridleway, cycle track or byway open to all traffic, it shall be accompanied by a map of a scale of not smaller than 1:2500 on which the path, way or track concerned, and in the case of a diversion, the new path, way or track, is clearly delineated.
In the case of an application for an order of the type described in rule 3(1) above, it shall be accompanied by a statement from every local planning authority required to be consulted thereunder giving its view as to—
whether the matters for which provision is made in the draft order are consistent with the provisions of the development plan (within the meaning of section 336(1) of the Planning Act) for the area of that authority; and
whether planning permission is required for works or other matters for which provision is made in the draft order,
and providing details of all relevant planning permissions which have been granted.
Where the applicant seeks a direction from the Secretary of State, under section 90(2A)f2 of the Planning Act, that planning permission shall be deemed to be granted for all or some of the development proposed in the application, the application shall be accompanied by—
a request in writing specifying the development for which planning permission is sought;
such further maps, plans, drawings and documents as have not otherwise been submitted with the application and which are necessary to support the request for planning permission;
a statement as to whether it is intended that any of the following matters, namely details of—
siting;
design;
external appearance;
means of access;
landscaping of the site;
shall be reserved for subsequent approval by the local planning authority.
Where the applicant seeks a direction from the Secretary of State, under section 12(2A) of the Planning (Hazardous Substances) Act 1990f3, that hazardous substances consent shall be deemed to be granted, the application shall be accompanied by—
an application for hazardous substances consent in either Form 1 or Form 2 of the forms prescribed in Schedule 2 to the Planning (Hazardous Substances) Regulations 1992f4, as the case may require;
the information and documentation specified in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations as the case may require.
As soon as practicable after the date of an application, the applicant shall submit tothe Secretary of State evidence by affidavit of compliance with the provisions of rules 8, 9 and 10 below.
Annotations
Footnotes
- f1
-
1985 c. 6, to which there are amendments not relevant to these Rules.
- f2
-
Subsection (2A) was inserted by section 16(1) of the Transport and Works Act 1992.
- f3
-
1990 c. 10. Section 12(2A) was inserted by section 18 of the Transport and Works Act 1992.
- f4