Statutory Instrument 1995 No. 419

The Town and Country Planning (General Development Procedure) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 419

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (General Development Procedure) Order 1995

	Made	22nd February 1995
	Laid before Parliament	6th March 1995
	Coming into force	3rd June 1995

ARTICLE

1.	Citation, commencement and interpretation.

2.	Application.

3.	Applications for outline planning permission.

4.	Applications for approval of reserved matters.

5.	General provisions relating to applications.

6.	Notice of applications for planning permission.

7.	Certificates in relation to notice of applications for planning permission.

8.	Publicity for applications for planning permission.

9.	Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State.

10.	Consultations before the grant of permission.

11.	Consultation with county planning authority.

12.	Applications relating to county matters.

13.	Notice to parish and community councils.

14.	Directions by the Secretary of State.

15.	Special provisions as to permission for development affecting certain existing and proposed highways.

16.	Notification of mineral applications.

17.	Development not in accordance with the development plan.

18.	Notice of reference of applications to the Secretary of State.

19.	Representations to be taken into account.

20.	Time periods for decision.

21.	Applications made under planning condition.

22.	Written notice of decision or determination relating to a planning application.

23.

Appeals.

24.	Certificate of lawful use or development.

25.	Register of applications.

26.	Register of enforcement and stop notices.

27.	Directions.

28.	Revocations, transitionals and savings.

SCHEDULE 1

Part 1 -

Letter to be sent to applicant on receipt of application.

Part 2 -

Notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions.

SCHEDULE 2

Part 1 -

Notices under articles 6 and 9.

Part 2 -

Certificates under article 7.

SCHEDULE 3

Notices under article 8 of application for planning permission.

SCHEDULE 4

Certificate under article 24 of lawful use or development.

SCHEDULE 5

Statutory instruments revoked.

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 59, 61(1), 65, 69, 71, 73(3), 74, 77(4), 78, 79(4), 188, 193, 196(4), and 333(7) of, and paragraphs 5, 6, 7(6) and 8(6) of Schedule 1 to, the Town and Country Planning Act 1990[1] and of all other powers enabling them in that behalf, hereby make the following Order -

Citation, commencement and interpretation
1. - (1) This Order may be cited as the Town and Country Planning (General Development Procedure) Order 1995 and shall come into force on 3rd June 1995.

(2) In this Order, unless the context otherwise requires -

"the Act" means the Town and Country Planning Act 1990;

"building" includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;

"dwellinghouse" does not include a building containing one or more flats, or a flat contained within such a building;

"environmental information" and "environmental statement" have the same meanings respectively as in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988[2] (interpretation);

"erection", in relation to buildings as defined in this article, includes extension, alteration, or re-erection;

"flat" means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

"floor space" means the total floor space in a building or buildings;

"landscaping" means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted, for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out of gardens or courts, and the provision of other amenity features;

"by local advertisement" means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

"mining operations" means the winning and working of minerals in, on or under land, whether by surface or underground working;

"outline planning permission" means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;

"proposed highway" has the same meaning as in section 329 of the Highways Act 1980[3] (further provision as to interpretation);

"1988 Regulations" means the Town and Country Planning (Applications) Regulations 1988[4];

"reserved matters" in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application, namely -

"by site display" means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

"special road" means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provisions as to special roads);

"trunk road" means a highway or proposed highway which is a trunk road by virtue of sections 10(1) or 19 of the Highways Act 1980[5] (general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment.

Application
    2. - (1) This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commence- ment of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.

    (2) Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).

Applications for outline planning permission
    3. - (1) Where an application is made to the local planning authority for outline planning permission, the authority may grant permission subject to a condition specifying reserved matters for the authority's subsequent approval.

    (2) Where the authority who are to determine an application for outline planning permission are of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, they shall within the period of one month beginning with the receipt of the application notify the applicant that they are unable to determine it unless further details are submitted, specifying the further details they require.

Applications for approval of reserved matters
    4.An application for approval of reserved matters -

General provisions relating to applications
5. - (1) Any application made under regulation 3 of the 1988 Regulations (applications for planning permission) or article 4 above, shall be made -

to the county planning authority;

(c) in any other case, to the district planning authority[6].

(2) When the local planning authority with whom an application has to be lodged receive -

and the fee, if any, required to be paid in respect of the application[7], the authority shall as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1 hereto.

    (3) Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as practicable, send a copy of the application and of any accompanying plans and drawings to the district planning authority, if any.

    (4) Where, after sending an acknowledgement as required by paragraph (2) of this article, the local planning authority consider that the application is invalid by reason of a failure to comply with the requirements of regulation 3 of the 1988 Regulations or article 4 above or any other statutory requirement, they shall as soon as reasonably practicable notify the applicant that his application is invalid.

    (5) In this article, "county matter" has the meaning given to that expression in paragraph 1(1) of Schedule 1 to the Act[8] (local planning authorities - distribution of functions).

Notice of applications for planning permission
    6. - (1) Subject to paragraph (2), an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant, -

(2) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant, -

    (3) The notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.

    (4) Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of seven days referred to in paragraph (2)(c) has elapsed, he shall be treated as having complied with the requirements of that paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement.

    (5)

(6) In this article -

"minerals applications" mean applications for planning permission for development consisting of the winning and working of minerals;

"requisite notice" means notice in the appropriate form set out in Part 1 of Schedule 2 to this Order or in a form substantially to the like effect; and

"tenant" means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.

Certificates in relation to notice of applications for planning permission
    7. - (1) Where an application for planning permission is made, the applicant shall certify, in the appropriate form prescribed in Part 2 of Schedule 2 to this Order or in a form substantially to the like effect, that the requirements of article 6 have been satisfied.

    (2) If an applicant has cause to rely on paragraph (4) of article 6, the certificate must state the relevant circumstances.

Publicity for applications for planning permission
    8. - (1) An application for planning permission shall be publicised by the local planning authority to which the application is made in the manner prescribed by this article.

    (2) In the case of an application for planning permission for development which -

the application shall be publicised in the manner specified in paragraph (3).

(3) An application falling within paragraph (2) ("a paragraph (2) application") shall be publicised by giving requisite notice -

(4) In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised by giving requisite notice -

and

(b) by local advertisement.

(5) In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by giving requisite notice -

(6) Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the authority shall be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement.

(7) In this article -

"adjoining owner or occupier" means any owner or occupier of any land adjoining the land to which the application relates;

"E.A. Schedule 1 application" and "E.A. Schedule 2 application" have the same meanings as "Schedule 1 application" and "Schedule 2 application" respectively in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988[10] (interpretation);

"major development" means development involving any one or more of the following -

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or

(e) development carried out on a site having an area of 1 hectare or more;

"requisite notice" means notice in the appropriate form set out in Schedule 3 to this Order or in a form substantially to the like effect;

"waste development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.

Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
    9. - (1) Articles 6 and 7 apply to any appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) as they apply to applications for planning permission.

    (2) Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 8 in respect of an application for planning permission at the time the application is referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State), or any appeal to the Secretary of State is made under section 78 of the Act, article 8 shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.

    (3) Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 8, they shall inform the Secretary of State that they have done so.

Consultations before the grant of permission
    10. - (1) Before granting planning permission for development which, in their opinion, falls within a category set out in the table below, a local planning authority shall consult the authority or person mentioned in relation to that category, except where -

TABLE

Para	Description of Development	Consultee
(a)	Development likely to affect land in Greater London or in a metropolitan county	The local planning authority concerned
(b)	Development likely to affect land in a non-metropolitan county, other than land in a National Park	The district planning authority concerned[11]
(c)	Development likely to affect land in a National Park	The county planning authority concerned
(d)	Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of - (i) residential accommodation; (ii) more than 250 square metres of retail floor space; (iii) more than 500 square metres of office floor space; or (iv) more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area	The Health and Safety Executive
(e)	Development likely to result in a material increase in the volume or a material change in the character of traffic -
	(i) entering or leaving a trunk road; or	In England, the Secretary of State for Transport and, in Wales, the Secretary of State for Wales
	(ii) using a level crossing over a railway	The operator of the network which includes or consists of the railway in question, and in England, the Secretary of State for Transport and, in Wales, the Secretary of State for Wales
(f)	Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway	The local highway authority concerned
(g)	Development likely to prejudice the improvement or construction of a classified road or proposed highway	The local highway authority concerned
(h)	Development involving -
	(i) the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or	The local highway authority concerned
	(ii) the construction of a highway or private means of access to premises affording access to a road in relation to which a toll order is in force	The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire
(i)	Development which consists of or includes the laying out or construction of a new street	The local highway authority
(j)	Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the local planning authority	The Coal Authority
(k)	Development involving or including mining operations	The National Rivers Authority
(l)	Development within three kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park	The Secretary of State for National Heritage
(m)	Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building	The Historic Buildings and Monuments Commission for England
(n)	Development likely to affect the site of a scheduled monument	In England, the Historic Buildings and Monuments Commission for England, and, in Wales, the Secretary of State for Wales
(o)	Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953[12] (register of gardens) and which is classified as Grade I or Grade II*.	The Historic Buildings and Monuments Commission for England
(p)	Development involving the carrying out of works or operations in the bed of or on the banks of a river or stream	The National Rivers Authority
(q)	Development for the purpose of refining or storing mineral oils and their derivatives	The National Rivers Authority
(r)	Development involving the use of land for the deposit of refuse or waste	The National Rivers Authority
(s)	Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto)	The National Rivers Authority
(t)	Development relating to the use of land as a cemetery	The National Rivers Authority
(u)	Development - (i) in or likely to affect a site of special scientific interest of which notification has been given, or has effect as if given, to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981[13] (areas of special scientific interest); or (ii) within an area which has been notified to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, and which is within two kilometres of a site of special scientific interest of which notification has been given or has effect as if given as aforesaid	The Council which gave, or is to be regarded as having given, the notice
(v)	Development involving any land on which there is a theatre	The Theatres Trust
(w)	Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves - (i) the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or (ii) the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more	In England, the Minister of Agriculture, Fisheries and Food and, in Wales, the Secretary of State for Wales
(x)	Development within 250 metres of land which - (i) is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and (ii) has been notified to the local planning authority by the waste regulation authority for the purposes of this provision	The waste regulation authority concerned
(y)	Development for the purposes of fish farming	The National Rivers Authority

(2) In the above table -

(b) in paragraph (e)(ii), "network" and "operator" have the same meaning as in Part I of the Railways Act 1993[14] (the provision of railway services);

(c) in paragraphs (f) and (g), "classified road" means a highway or proposed highway which -

(d) in paragraph (h), "concessionaire", "road subject to a concession" and "toll order" have the same meaning as in Part I of the New Roads and Street Works Act 1991[16] (new roads in England and Wales);

(e) in paragraph (i), "street" has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and "new street" includes a continuation of an existing street;

(f) in paragraph (m), "listed building" has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990[17] (listing of buildings of special architectural or historic interest);

(g) in paragraph (n), "scheduled monument" has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979[18] (schedule of monuments);

(h) in paragraph (s), "slurry" means animal faeces and urine (whether or not water has been added for handling), and "caravan" has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960[19] (caravan sites);

(i) in paragraph (u), "site of special scientific interest" means land to which section 28(1) of the Wildlife and Countryside Act 1981[20] (areas of special scientific interest) applies;

(j) in paragraph (v), "theatre" has the same meaning as in section 5 of the Theatres Trust Act 1976[21] (interpretation); and

(k) in paragraph (x), "waste regulation authority" has the same meaning as in section 30(1) of the Environmental Protection Act 1990[22] (authorities for purposes of Part II).

(3) The Secretary of State may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.

(4) Where, by or under this article, a local planning authority are required to consult any person or body ("the consultee") before granting planning permission -

    (5) The local planning authority shall, in determining the application, take into account any representations received from a consultee.

Consultation with county planning authority
    11.Where a district planning authority are required by paragraph 7 of Schedule 1 to the Act[23] (local planning authorities - distribution of functions) to consult the county planning authority before determining an application for planning permission, they shall not determine the application until the expiry of at least 14 days after the date of the notice given to the county planning authority in accordance with sub-paragraph (6)(b) of that paragraph.

Applications relating to county matters
    12. - (1) A county planning authority shall, before determining -

give the district planning authority, if any, for the area in which the relevant land lies a period of at least 14 days, from the date of receipt of the application by the district authority, within which to make recommendations about the manner in which the application shall be determined; and shall take any such recommendations into account.

(2) A county planning authority shall -

Notice to parish and community councils
13. - (1) Where the council of a parish or community are given information in relation to an application pursuant to paragraph 8(1) of Schedule 1 to the Act[25] (local planning authorities - distribution of functions), they shall, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and shall make any representations to that authority within 14 days of the notification to them of the application.

(2) A local planning authority shall not determine any application in respect of which a parish or community are required to be given information before -

whichever shall first occur; and in determining the application the authority shall take into account any representations received from the council of the parish or community.

    (3) The district planning authority (or, in a metropolitan county, the local planning authority) shall notify the council of the parish or community of the terms of the decision on any such application or, where the application is referred to the Secretary of State, of the date when it was so referred and, when notified to them, of the terms of his decision[26].

Directions by the Secretary of State
    14. - (1) The Secretary of State may give directions restricting the grant of permission by a local planning authority, either indefinitely or during such a period as may be specified in the directions, in respect of any development or in respect of development of any class so specified.

    (2) The Secretary of State may give directions -

(3) A local planning authority shall deal with applications for planning permission for development to which a direction given under this article applies in such manner as to give effect to the direction.

Special provisions as to permission for development affecting certain existing and proposed highways
15. - (1) Where an application is made to a local planning authority for planning permission for development which consists of or includes -

the local planning authority shall notify the Secretary of State by sending him a copy of the application and any accompanying plans and drawings.

(2) An application referred to in paragraph (1) above shall not be determined unless -

(3) The Secretary of State may, in respect of any case or any class or description of cases, give a direction specifying a different distance for the purposes of paragraph 1(b) above.

Notification of mineral applications
16. - (1) Where notice has been given for the purposes of this article to a mineral planning authority as respects land which is in their area and specified in the notice -

the mineral planning authority shall not determine any application for planning permission to win and work any mineral on that land, without first notifying the body or person who gave the notice that an application has been made.

(2) In this article, "coal" means coal other than that -

Development not in accordance with the development plan
17.A local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the Secretary of State under this Order grant permission for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated.

Notice of reference of applications to the Secretary of State
18.On referring any application to the Secretary of State under section 77 of the Act[30] (reference of applications to Secretary of State) pursuant to a direction in that behalf, a local planning authority shall serve on the applicant a notice -

Representations to be taken into account
19. - (1) A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been -

within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them that he is such an owner, tenant or occupier; or

(c) given by local advertisement under article 6 or 8, within 14 days beginning with the date on which the notice was published,

and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Act[31] (consultations in connection with determinations under section 70).

(2) A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.

(3) Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Act[32] (right to appeal against planning decisions and failure to take such decisions), as if the references to -

Time periods for decision
20. - (1) Subject to paragraph (5), where a valid application under article 4 or regulation 3 of the 1988 Regulations (applications for planning permission) has been received by a local planning authority, they shall within the period specified in paragraph (2) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.

(2) The period specified in this paragraph is -

(3) For the purposes of this article, the date when the application was received shall be taken to be the date when each of the following events has occurred -

(4) A local planning authority shall provide such information about applications made under article 4 or regulation 3 of the 1988 Regulations (including information as to the manner in which any such application has been dealt with) as the Secretary of State may by direction require; and any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided.

(5) Subject to paragraph (6), a local planning authority shall not determine an application for planning permission, where any notice of the application has been -

before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c) given by local advertisement under article 6 or 8, before the end of the period of 14 days beginning with the date on which the notice was published,

and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the Act (consultations in connection with determinations under section 70).

    (6) Where, under paragraph (5), more than one of the prescribed periods applies, the local planning authority shall not determine the application before the end of the later or latest of such periods.

Applications made under planning condition
    21.Where an application has been made to a local planning authority for any consent, agreement or approval required by a condition or limitation attached to a grant of planning permission (other than an application for approval of reserved matters or an application for approval under Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995[33] (development by telecommunications code system operators)) the authority shall give notice to the applicant of their decision on the application within a period of eight weeks from the date when the application was received by the authority, or such longer period as may be agreed by the applicant and the authority in writing.

Written notice of decision or determination relating to a planning application
    22. - (1) When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters, and a permission or approval is granted subject to conditions or the application is refused, the notice shall -

and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part 2 of Schedule 1 to this Order.

(2) Where -

the notice given to the applicant in accordance with article 20(1) shall include a statement that environmental information has been taken into consideration by the authority.

Appeals
23. - (1) An applicant who wishes to appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) shall give notice of appeal to the Secretary of State by -

(2) The time limit mentioned in paragraph (1) is six months from -

or such longer period as the Secretary of State may, at any time, allow.

(3) The documents mentioned in paragraph (1) are -

Certificate of lawful use or development
24. - (1) An application for a certificate under section 191(1) or 192(1) of the Act[34] (certificates of lawfulness of existing or proposed use or development) shall be in writing and shall, in addition to specifying the land and describing the use, operations or other matter in question in accordance with those sections, include the following information -

(2) An application to which paragraph (1) applies shall be accompanied by -

    (3) Where such an application specifies two or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or matter relates.

    (4) Articles 5(1) and 20(4) shall apply to an application for a certificate to which paragraph (1) applies as they apply to an application for planning permission.

    (5) When the local planning authority receive an application to which paragraph (1) applies and any fee required to be paid in respect of the application, they shall, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1.

    (6) Where, after sending an acknowledgement as required by paragraph (5), the local planning authority consider that the application is invalid by reason of the failure to comply with the preceding paragraphs of this article or any other statutory requirement, they shall, as soon as practicable, notify the applicant that his application is invalid.

    (7) The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.

    (8) The local planning authority shall give the applicant written notice of their decision within a period of eight weeks beginning with the date of receipt by the authority of the application and any fee required to be paid in respect of the application or, except where the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed upon in writing between the applicant and the authority.

    (9) For the purpose of calculating the appropriate period specified in paragraph (8), where any fee required has been paid by a cheque which is subsequently dishonoured, the time between the date when the authority send the applicant written notice of the dishonouring of the cheque and the date when the authority receive the full amount of the fee shall not be taken into account.

    (10) Where an application is refused, in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision shall state clearly and precisely the authority's full reasons for their decision and shall include a statement to the effect that if the applicant is aggrieved by the decision he may appeal to the Secretary of State under section 195 of the Act[35] (appeals against refusal or failure to give decision on application).

    (11) A certificate under section 191 or 192 of the Act shall be in the form set out in Schedule 4, or in a form substantially to the like effect.

    (12) Where a local planning authority propose to revoke a certificate issued under section 191 or 192 of the Act in accordance with section 193(7) of the Act (certificates under sections 191 and 192: supplementary provisions), they shall, before they revoke the certificate, give notice of that proposal to -

    (13) A notice issued under paragraph (12) shall invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority shall not revoke the certificate until all such periods allowed for making representations have expired.

    (14) An authority shall give written notice of any revocation under section 193(7) of the Act to every person on whom notice of the proposed revocation was served under paragraph (12).

Register of applications
    25. - (1) In this article and in article 26, "the local planning register authority" means -

    (2) Each local planning register authority shall keep, in two parts, a register of every application for planning permission relating to their area.

    (3) Part I of the register shall contain a copy of each such application, and a copy of any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of, together with any accompanying plans and drawings.

    (4) Part II of the register shall contain, in respect of every application for planning permission relating to the local planning register authority's area -

(5) Where, on any appeal to the Secretary of State under section 174 of the Act[37] (appeal against enforcement notices), the appellant is deemed to have made an application for planning permission and the Secretary of State has granted permission, the local planning register authority shall, on receipt of notification of the Secretary of State's decision, enter into Part II of the register referred to in paragraph (2) particulars of the development concerned, the land on which it was carried out, and the date and effect of the Secretary of State's decision.

(6) The register kept by the local planning register authority shall also contain the following information in respect of every application for a certificate under section 191 or 192 of the Act (certificates of lawfulness of existing or proposed use or development) relating to the authority's area -

(7) The register shall contain the following information about simplified planning zone schemes in the area of the authority -

    (8) To enable any person to trace any entry in the register, every register shall include an index together with a separate index of applications for development involving mining operations or the creation of mineral working deposits.

    (9) Every entry in the register shall be made within 14 days of the receipt of an application, or of the giving or making of the relevant direction, decision or approval as the case may be.

    (10) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority's area shall be kept at a place within or convenient to that part.

    (11) For the purposes of paragraph (3) of this article, an application shall not be treated as finally disposed of unless -

Register of enforcement and stop notices
26. - (1) Subject to paragraph (2) of this article, the register under section 188 of the Act[42] (register of enforcement and stop notices) shall contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register -

(2) That register shall also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register -

(3) All entries relating to an enforcement notice, stop notice or breach of condition notice shall be removed from the register if -

    (4) Every register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.

    (5) Where a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice, they shall supply the information specified in paragraph (1) or (2) of this article, as the case may be, in relation to the notice to the district planning authority in whose area the land to which the notice relates is situated and shall inform that authority if the notice is withdrawn or the relevant enforcement notice or breach of condition notice is quashed.

    (6) The information prescribed in paragraphs (1) and (2) of this article shall be entered in the register as soon as practicable and in any event within 14 days of the occurence to which it relates, and information shall be so supplied under paragraph (5) that entries may be made within the said period of 14 days.

    (7) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority's area shall be kept at a place within or convenient to that part.

Directions
    27.Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Revocations, transitionals and savings
    28. - (1) Subject to paragraphs (2) to (5) of this article, the statutory instruments specified in Schedule 5 are revoked to the extent not already revoked.

    (2) Where an area of coal working has been notified to the local planning authority for the purposes of paragraph (i) of the table in article 18 of the Town and Country Planning General Development Order 1988[44] (consultations before the grant of permission) before the date of the coming into force of this Order, such notification shall be treated as if it had been made for the purposes of paragraph (j) of the table in article 10 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the local planning authority are not required to consult the Coal Authority if they have already consulted the British Coal Corporation.

    (3) Any notice given for the purposes of article 13 of the Town and Country Planning General Development Order 1988 (notification of mineral applications) before the date of the coming into force of this Order, shall be treated as if it had been given for the purposes of article 16 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the mineral planning authority are not required to notify the Coal Authority, before determining the application, if they have already notified the British Coal Corporation that that application has been made.

    (4) The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications made under section 64 of the Act[45] (applications to determine whether planning permission required) before 27th July 1992.

    (5) The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications for established use certificates made under section 192 of the Act[46] (applications for established use certificates), as originally enacted, before 27th July 1992.

John Selwyn Gummer
Secretary of State for the Environment

21st February 1995

John Redwood
Secretary of State for Wales

22nd February 1995

SCHEDULE 1Articles 5, 22 and 24

PART 1
TOWN AND COUNTRY PLANNING ACT 1990
Letter to be sent by a local planning authority when they receive an application for planning permission or for a certificate of lawful use or development.
Thank you for your application dated

which I received on

I am still examining your application form and the accompanying plans and documents to see whether they comply with the law.*

If I find that your application is invalid because it does not comply with the statutory requirements then I shall write to you again as soon as I can.*

If, by ( insert date at end of period of eight weeks beginning with the date when the application was received)

you have not been told that your application is invalid; or

you have not been told that your fee cheque has been dishonoured; or

you have not been given a decision in writing; or

you have not agreed in writing to extend the period in which the decision may be given,

then you can appeal to the Secretary of State for the Environment/Wales* under section 78/section 195* of the Town and Country Planning Act 1990. You should appeal within six months and you must use a form which you can get from the Planning Inspectorate at Tollgate House, Houlton Street, Bristol BS2 9DJ/Cathays Park, Cardiff CF1 3NQ*. This does not apply if your application has already been referred to the Secretary of State for the Environment/Wales*.

*delete where inappropriate

PART 2
TOWN AND COUNTRY PLANNING ACT 1990
Notification to be sent to an applicant when a local planning authority refuse planning permission or grant it subject to conditions (To be endorsed on notices of decision)

Appeals to the Secretary of State

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for the Environment/Wales* under section 78 of the Town and Country Planning Act 1990.
If you want to appeal, then you must do so within six months of the date of this notice, using a form which you can get from the Planning Inspectorate at Tollgate House, Houlton Street, Bristol BS2 9DJ/Cathays Park, Cardiff CF1 3NQ*.
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him.

Purchase Notices

If either the local planning authority or the Secretary of State for the Environment/Wales* refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.
In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

*delete where inappropriate

SCHEDULE 2Articles 6, 7 and 9

PART 1
Town and Country Planning (General Development Procedure) Order 1995
NOTICE UNDER ARTICLE 6 OF APPLICATION FOR PLANNING PERMISSION
(to be published in a newspaper or to be served on an owner* or a tenant**)

Proposed development at⁽¹⁾

I give notice that⁽²⁾

is applying to the⁽³⁾

Council

for planning permission to⁽⁴⁾

Any owner* of the land or tenant** who wishes to make representations about this application should write to the Council at⁽⁵⁾

by⁽⁶⁾

	Signed
	On behalf of
	Date

Statement of owners' rights
The grant of planning permission does not affect owners' rights to retain or dispose of their property, unless there is some provision to the contrary in an agreement or in a lease.

Statement of agricultural tenants' rights
The grant of planning permission for non-agricultural development may affect agricultural tenants' security of tenure.

dagger delete where inappropriate

Insert:

⁽⁰¹⁾address or location of the proposed development

⁽⁰²⁾applicant's name

⁽⁰³⁾name of Council

⁽⁰⁴⁾description of the proposed development

⁽⁰⁵⁾address of the Council

⁽⁰⁶⁾date giving a period of 21 days beginning with the date of service, or 14 days beginning with the date of publication, of the notice (as the case may be)

Town and Country Planning (General Development Procedure) Order 1995

NOTICE UNDER ARTICLE 6 OF APPLICATION FOR PLANNING PERMISSION
(to be posted in the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations (in addition to the service or publication of any other requisite notices in this Schedule))

Proposed development at⁽⁷⁾

I give notice that⁽⁸⁾

is applying to the⁽⁹⁾

Council

for planning permission to⁽¹⁰⁾

Members of the public may inspect copies of:

the application
the plans
and other documents submitted with it

at⁽¹¹⁾

during

all reasonable hours until⁽¹²⁾

Anyone who wishes to make representations about this application should write to the Council at⁽¹³⁾

by⁽¹²⁾

	Signed
	On behalf of
	Date

Delete where inappropriate

Insert:

⁽⁰⁷⁾address or location of the proposed development

⁽⁰⁸⁾applicant's name

⁽⁰⁹⁾name of Council

⁽¹⁰⁾description of the proposed development

⁽¹¹⁾address at which the application may be inspected (the applicant is responsible for making the application available for inspection within the area of the local planning authority)

⁽¹²⁾date giving a period of 21 days, beginning with the date when the notice is posted

⁽¹³⁾address of Council

Town and Country Planning (General Development Procedure) Order 1995

NOTICE UNDER ARTICLES 6 AND 9(1) OF APPEAL
(to be published in a newspaper or to be served on an owner* or a tenant**)

Proposed development at⁽¹⁴⁾

I give notice that⁽¹⁵⁾

having applied to the⁽¹⁶⁾

Council

to⁽¹⁷⁾

is appealing to the Secretary of State for the Environment/Secretary of State for Wales dagger

Any owner* of the land or tenant** who wishes to make representations about this appeal should write to the Secretary of State for the Environment/Wales at the Department of the Environment at Tollgate House, Houlton Street, Bristol BS2 9DJ/Welsh Office at Planning Division, Cathays Park, Cardiff CF1 3NQ dagger , by⁽¹⁸⁾

	Signed
	On behalf of
	Date

Statement of owners' rights
The grant of planning permission does not affect owners' rights to retain or dispose of their property, unless there is some provision to the contrary in an agreement or in a lease.

Statement of agricultural tenants' rights
The grant of planning permission for non-agricultural development may affect agricultural tenants' security of tenure.

dagger delete where inappropriate

Insert:

⁽¹⁴⁾address or location of the proposed development

⁽¹⁵⁾applicant's name

⁽¹⁶⁾name of Council

⁽¹⁷⁾description of the proposed development

⁽¹⁸⁾date giving a period of 21 days beginning with the date of service, or 14 days beginning with the date of publication, of the notice (as the case may be)

Town and Country Planning (General Development Procedure) Order 1995

NOTICE UNDER ARTICLES 6 AND 9(1) OF APPEAL
(to be posted in the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations (in addition to the service or publication of any other requisite notices in this Schedule))

Proposed development at⁽¹⁹⁾

I give notice that⁽²⁰⁾

having applied to the⁽²¹⁾

Council

to⁽²²⁾

is appealing to the Secretary of State for the Environment/Secretary of State for Wales*

Members of the public may inspect copies of:

the application
the plans
and other documents submitted with it

at⁽²³⁾

during

all reasonable hours until⁽²⁴⁾

Anyone who wishes to make representations about this appeal should write to the Secretary of State for the Environment/Wales* at the Department of the Environment at Tollgate House, Houlton Street, Bristol BS2 9DJ/Welsh Office at Planning Division, Cathays Park, Cardiff CF1 3NQ* by⁽²⁴⁾

	Signed
	*On behalf of
	Date

*delete where inappropriate

Insert:

⁽¹⁹⁾address or location of the proposed development

⁽²⁰⁾applicant's name

⁽²¹⁾name of Council

⁽²²⁾description of the proposed development

⁽²³⁾address of Council

⁽²⁴⁾date giving a period of 21 days, beginning with the date when the notice is posted

PART 2
Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7

Certificate A⁽²⁵⁾

I certify that:

⁽

⁶

⁾

	Signed
	*On behalf of
	Date

*delete where inappropriate

⁽²⁵⁾This Certificate is for use with applications and appeals for planning permission (articles 7 and 9(1) of the Order). One of Certificates A, B, C or D (or the appropriate certificate in the case of certain minerals applications) must be completed, together with the Agricultural Holdings Certificate.

⁽²⁶⁾"owner" means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years, or, in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7

Certificate B⁽²⁷⁾

I certify that:

⁽

⁸

⁾

Owner's⁽²⁸⁾ name

Address at which notice was served

Date on which notice was served

	Signed
	*On behalf of
	Date

*delete where inappropriate

⁽²⁷⁾This Certificate is for use with applications and appeals for planning permission (articles 7 and 9(1) of the Order). One of Certificates A, B, C or D (or the appropriate certificate in the case of certain minerals applications) must be completed, together with the Agricultural Holdings Certificate.

⁽²⁸⁾"owner" means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years, or, in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7

Certificate C⁽²⁹⁾

I certify that:

I/The applicant/The appellant* cannot issue a Certificate A or B in respect of the accompanying application/appeal*.
I have/The applicant has/The appellant has* given the requisite notice to the persons specified below, being persons who on the day 21 days before the date of the application/ appeal*, were owners⁽³⁰⁾ of any part of the land to which the application/appeal* relates.

Owner's⁽³⁰⁾ name Address at which notice was served Date on which notice was served
I have/The applicant has/The appellant has* taken all reasonable steps open to me/him/ her* to find out the names and addresses of the other owners⁽³⁰⁾ of the land, or of a part of it, but have/has* been unable to do so. These steps were as follows:

    ⁽³¹⁾
Notice of the application/appeal*, as attached to this Certificate, has been published in

    the⁽³¹⁾



    on⁽³³⁾

Signed
*On behalf of
Date

*delete where inappropriate

⁽²⁹⁾This Certificate is for use with applications and appeals for planning permission (articles 7 and 9(1) of the Order). One of Certificates A, B, C or D (or the appropriate certificate in the case of certain minerals applications) must be completed, together with the Agricultural Holdings Certificate.

⁽³⁰⁾"owner" means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years, or, in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

Insert:

⁽³¹⁾description of steps taken

⁽³²⁾name of newspaper circulating in the area where the land is situated

⁽³³⁾date of publication (which must be not earlier than the day 21 days before the date of the application or appeal)

Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7

Certificate D⁽³⁴⁾

I certify that:

I/The applicant/The appellant* cannot issue a Certificate A in respect of the accompanying application/appeal*.
I/The applicant/The appellant* have/has* taken all reasonable steps open to me/him/her* to find out the names and addresses of everyone else who, on the day 21 days before the date of the application/appeal*, was the owner⁽³⁵⁾ of any part of the land to which the application/appeal* relates, but have/has* been unable to do so. These steps were as follows:

    ⁽³⁶⁾
Notice of the application/appeal*, as attached to this certificate, has been published in the

    ⁽³⁷⁾



    on⁽³⁸⁾

Signed
*On behalf of
Date

*delete where inappropriate

⁽³⁴⁾This Certificate is for use with applications and appeals for planning permission (articles 7 and 9(1) of the Order). One of Certificates A, B, C or D (or the appropriate certificate in the case of certain minerals applications) must be completed, together with the Agricultural Holdings Certificate.

⁽³⁵⁾"owner" means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years, or, in the case of development consisting of the winning and working of minerals, a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

Insert:

⁽³⁶⁾description of steps taken

⁽³⁷⁾name of newspaper circulating in the area where the land is situated

⁽³⁸⁾date of publication (which must be not earlier than the day 21 days before the date of the application or appeal)

Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7

Agricultural Holdings Certificate⁽³⁹⁾
Whichever is appropriate of the following alternatives must form part of Certificates A, B, C or D. If the applicant is the sole agricultural tenant he or she must delete the first alternative and insert "not applicable" as the information required by the second alternative.

None of the land to which the application/appeal* relates is, or is part of, an agricultural holding.

I have/The applicant has/The appellant has* given the requisite notice to every person other than my/him/her* self who, on the day 21 days before the date of the application/ appeal*, was a tenant of an agricultural holding on all or part of the land to which the application/appeal* relates, as follows:

Tenant's name Address at which notice was served Date on which notice was served

	Signed
	*On behalf of
	Date

*delete where inappropriate

⁽³⁹⁾This Certificate is for use with applications and appeals for planning permission (articles 7 and 9(1) of the Order). One of Certificates A, B, C or D (or the appropriate certificate in the case of certain minerals applications) must be completed together with the Agricultural Holdings Certificate.

Town and Country Planning (General Development Procedure) Order 1995

CERTIFICATE UNDER ARTICLE 7
(for use with applications and appeals for planning permission for development consisting of the winning and working of minerals by underground operations)

I certify that:

I have/The applicant has/The appellant has* given the requisite notice to the persons specified below being persons who, on the day 21 days before the date of the accompanying application/appeal, were owners⁽⁴⁰⁾ of any part of the land to which the application/appeal* relates.

Owner's⁽⁴⁰⁾ name Address at which notice was served Date on which notice was served
There is no person (other than me/the applicant/the appellant*) who, on the day 21 days before the date of the accompanying application/appeal*, was the owner⁽⁴⁰⁾ of any part of the land to which this application/appeal* relates, whom I/the applicant/the appellant* know/s* to be such a person and whose name and address is known to me/the applicant/the appellant* but to whom I have/the applicant/the appellant has* not given the requisite notice.
I have/The applicant/The appellant has* posted the requisite notice, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the accompanying application/appeal* relates, as listed below.

Parish/Community Location of notice Date posted
Save as specified below* this/these* notice/s* was/were* left in position for not less than seven days in the period of 21 days immediately preceding the making of the application/ appeal*.

*
The following notice/s* was/were*, however, left in position for less than seven days in the period of not more than 21 days immedia tely preceding the making of the application/ appeal*.

Parish/Community Location of notice Date posted

    This happened because it/theŷ was/were* removed/obscured/defaced* before seven days had passed during the period of 21 days mentioned above. This was not my/the applicant's/ the appellant's* fault or intent.

    I/The applicant/The appellant* took the following steps to protect and replace the notice:

    ⁽⁴¹⁾
Notice of the application/appeal*, as attached to this certificate, has been published in the

    ⁽⁴²⁾



    on⁽⁴³⁾

Agricultural Holdings Certificate
Whichever is appropriate of the following alternatives must form part of this certificate. If the applicant is the sole agricultural tenant he or she must delete the first alternative and insert "not applicable" as the information required by the second alternative.

None of the land to which the application/appeal* relates is, or is part of, an agricultural holding.

I have/The applicant has/The appellant has* given the requisite notice to every person other than my/him/her* self who, on the day 21 days before the date of the application/ appeal*, was a tenant of an agricultural holding on all or part of the land to which the application/appeal* relates, as follows:

Tenant's name Address at which notice was served Date on which notice was served

	Signed
	*On behalf of
	Date

*delete where inappropriate

⁽⁴⁰⁾"owner" means a person having a freehold interest or a leasehold interest the unexpired term of which is not less than seven years or a person entitled to an interest in a mineral in the land (other than oil, gas, coal, gold or silver).

Insert:

⁽⁴¹⁾description of steps taken

⁽⁴²⁾name of newspaper circulating in the area where the land is situated

⁽⁴³⁾date of publication (which must be not earlier than the day 21 days before the date of the application or appeal)

SCHEDULE 3Article 8

NOTICE OF APPLICATION FOR PLANNING PERMISSION

Town and Country Planning (General Development Procedure) Order 1995

NOTICE UNDER ARTICLE 8
(to be published in a newspaper, displayed on or near the site, or served on owners and/or occupiers of adjoining land)

Proposed development at⁽⁴⁴⁾

I give notice that⁽⁴⁵⁾

is applying to the⁽⁴⁶⁾

Council

for planning permission to⁽⁴⁷⁾

The proposed development does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated*

Members of the public may inspect copies of:

the application
the plans
and other documents submitted with it

at⁽⁴⁸⁾

during

all reasonable hours until⁽⁴⁹⁾

Anyone who wishes to make representations about this application should write to the Council at⁽⁵⁰⁾

by⁽⁴⁹⁾

Signed

On behalf of

Council

Date

*delete where inappropriate

Insert:

⁽⁴⁴⁾address or location of the proposed development

⁽⁴⁵⁾applicant's name

⁽⁴⁶⁾name of Council

⁽⁴⁷⁾description of the proposed development

⁽⁴⁸⁾address at which the application may be inspected

⁽⁴⁹⁾date giving a period of 21 days, beginning with the date when the notice is first displayed on or near the site or served on an owner and/or occupier of adjoining land, or a period of 14 days, beginning with the date when the notice is published in a newspaper (as the case may be)

⁽⁵⁰⁾address of Council

NOTICE OF APPLICATION FOR PLANNING PERMISSION
Town and Country Planning (General Development Procedure) Order 1995

NOTICE UNDER ARTICLE 8 OF APPLICATION FOR PLANNING PERMISSION ACCOMPANIED BY AN ENVIRONMENTAL STATEMENT
(to be published in a newspaper and displayed on or near the site)

Proposed development at⁽⁵¹⁾

I give notice that⁽⁵²⁾

is applying to the⁽⁵³⁾

Council

for planning permission to⁽⁵⁴⁾

and that the application is accompanied by an environmental statement

The proposed development does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated*

Members of the public may inspect copies of:

the application

the plans

the environmental statement

and other documents submitted with the application

at⁽⁵⁵⁾

during

all reasonable hours until⁽⁵⁶⁾

Members of the public may obtain copies of the environmental statement from⁽⁵⁷⁾

so long as stocks last, at a charge of⁽⁵⁸⁾

Anyone who wishes to make representations about this application should write to the Council at⁽⁵⁹⁾

by⁽⁵⁶⁾

Signed

On behalf of

Council

Date

*delete where inappropriate

Insert:

⁽⁵¹⁾address or location of the proposed development

⁽⁵²⁾applicant's name

⁽⁵³⁾name of Council

⁽⁵⁴⁾description of the proposed development

⁽⁵⁵⁾address at which the application may be inspected

⁽⁵⁶⁾date giving a period of 21 days, beginning with the date when the notice is first displayed on or near the site, or a period of 14 days, beginning with the date when the notice is published in a newspaper (as the case may be)

⁽⁵⁷⁾address from where copies of the environmental statement may be obtained (whether or not the same as (e))

⁽⁵⁸⁾amount of charge, if any

⁽⁵⁹⁾address of Council

SCHEDULE 4Article 24

TOWN AND COUNTRY PLANNING ACT 1990: SECTIONS 191 AND 192 (as amended by section 10 of the Planning and Compensation Act 1991)

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995: ARTICLE 24

CERTIFICATE OF LAWFUL USE OR DEVELOPMENT
The⁽⁶⁰⁾

Council hereby certify that on⁽⁶¹⁾

the use*/operations*/matter* described in the First Schedule to this certificate in respect of the land specified in the Second Schedule to this certificate and edged*/hatched*/coloured*⁽⁶²⁾

on the plan attached to this certificate, was*/were*/would have been* lawful within the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason(s):

Signed

(Council's authorised officer)

On behalf of⁽⁶⁰⁾

Council

Date

First Schedule

⁽⁶³⁾

Second Schedule

⁽⁶⁴⁾

Notes
    1This certificate is issued solely for the purpose of section 191*/192* of the Town and Country Planning Act 1990 (as amended).

    2It certifies that the use*/operations*/matter* specified in the First Schedule taking place on the land described in the Second Schedule was*/were*/would have been* lawful, on the specified date and, thus, was not*/were not*/would not have been* liable to enforcement action under section 172 of the 1990 Act on that date.

    3This certificate applies only to the extent of the use*/operations*/matter* described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any use*/operations*/matter* which is*/are* materially different from that*/those* described or which relate/s* to other land may render the owner or occupier liable to enforcement action.

    *4The effect of the certificate is also qualified by the proviso in section 192(4) of the 1990 Act, as amended, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.

*delete where inappropriate

Insert:

⁽⁶⁰⁾name of Council

⁽⁶¹⁾date of application to the Council

⁽⁶²⁾colour used on the plan

⁽⁶³⁾full description of use, operations or other matter, if necessary, by reference to details in the application or submitted plans, including a reference to the use class, if any, specified in an order under section 55(2)(f) of the 1990 Act, within which the certificated use falls

⁽⁶⁴⁾address or location of the site