Introduction
This Direction is issued in the context of the Town and Country
Planning (Development Management Procedure and Section 62A
Applications) (England) (Amendment) Order 2021 No. 746 which
introduces a modified procedure for applications for planning
permission for public service infrastructure development made on
or after 1st August 2021. The modified procedure is intended to
deliver faster decision-making for this new category of
development. The notification requirements imposed by the
Direction are intended to help the government monitor whether the
measure is working as intended, and to understand to what extent
pre-application engagement for these types of projects, as
encouraged in the revised National Planning Policy Framework,
translates into faster decision-making by local planning
authorities.
The Secretary of State for Housing, Communities and Local
Government (“the Secretary of State”), in exercise of powers
conferred by article 34(8) of the Town and Country Planning
(Development Management Procedure) (England) Order 2015 [footnote 1]
(“the Order”) directs as follows:
Commencement and application
1. This Direction comes into force on 1 August 2021. It applies
in relation to England only.
Interpretation
2. In this Direction:
“determination period” means the period specified in article
34(2)(aa) of the Order;
“non-validated application” has the same meaning as in article
34(5) of the Order;
“public holiday” has the same meaning as in article 2 of the
Order;
“public service infrastructure development” has the same meaning
as in article 2 of the Order;
“relevant day” means the last day of the 7 week period which
begins with the day immediately following the day on which the
local planning authority has received the valid or non-validated
application;
“valid application” has the same meaning as in article 34(4) of
the Order;
“working day” means a day which is not a Saturday, Sunday or
public holiday.
3. This Direction applies in relation to an application for
planning permission for public service infrastructure development
made on or after 1 August 2021.
4. Within the period of 7 working days beginning with the day on
which a local planning authority has received a valid or
non-validated application, the authority must notify the
Secretary of State of it by sending to the Secretary of State a
copy of the application together with any accompanying plans,
drawings and information.
5. Subject to paragraph (10), where a valid or a non-validated
application has been received by a local planning authority, the
authority must:
5.1 within the period specified in paragraph (6), provide the
Secretary of State with the information specified in paragraph
(8); or
5.2 within the period specified in paragraph (7), provide the
Secretary of State with the information specified in paragraphs
(8) and (9);
as the case may be.
6. Subject to paragraph (7), the period is 7 working days
beginning with the relevant day.
7. Where a notice mentioned in article 12(1) of the Order is
received by the local planning authority on or after the first
day of the 7 working day period specified in paragraph (6), the
period is 7 working days beginning with the day the notice is
received.
8. The information is:
8.1 Where the local planning authority has given the applicant
notice of their decision or determination on the application, the
date of that notice and a copy of the notice.
8.2 Where the local planning authority has not given the
applicant notice of their decision or determination on the
application:
(i) the date the local planning authority expects to give the
applicant notice of their decision or determination; and
(ii) where the date provided under paragraph (i) is after the
last day of the determination period, the reasons why the
authority does not expect to determine the application before the
end of the determination period.
8.3 Where the applicant and the local planning authority have
agreed in writing an extended period for determination of the
application under article 34(2)(c) of the Order, the date that
period ends.
9. In the case of an application to which paragraph (7) applies,
the requirement in paragraph (4) is dispensed with if, when the
authority provides the information specified in paragraph (8), it
also provides a copy of the application together with any plans,
drawings and information accompanying the application.
10. Paragraph (5) does not apply if the Secretary of State has
given a direction:
10.1 under section 77(1) of the Town and Country Planning Act
1990 that the application is to be referred to him; or
10.2 under article 31 of the Order restricting the grant of
permission either indefinitely or for such period as is specified
in the direction.
11. The information specified in paragraphs (4) and (8) must be
sent to the Ministry of Housing Communities and Local Government
Planning Casework Unit at PCU@communities.gov.uk.
Signed by authority of the Secretary of State
Lucy Hargreaves, Deputy Director Planning–Development Management
Ministry of Housing, Communities and Local Government
20 July 2021
-
S.I. 2015/595. S.I. 2015/595 has been amended by S.I 2021/746
in relation to applications for public service infrastructure
development.
