New Legislation and Regulations
Housholder Applications - Notice to be served on
owners/tenants
A new variation of the "Notice under Article 6 of
Application for Planning Permission" of the General Permitted
Development Order is now in force specifically for householder
development. Existing notices remain in use for other
application types.
Publicity on planning applications - amendment to
"Notice under Article 8" in the General Permitted Development
Order
This notice sets out the terms to be used for publicity
notices on planning applications. The amended notice is for
use for all types of planning applications, except those which are
accompanied by environmental statements for which there is an
existing, separate notice.
The amendment inserts a new paragraph into the notice. The
new paragraph relates specifically to householder applications.
It advises parties being notified that, in the event of an
appeal against the refusal of planning permission which is to be
dealt with on the basis of written representations, any
representations made about the application will be sent to the
Secretary State, and that there will be no opportunity to comment
at appeal stage. As the new paragraph relates specifically to
householder applications, it should be deleted from the notice for
all other types of applications.
Appeals on Householder Development Applications -
Notice to be served on owners/tenants
A new variation of the "Notice under Articles 6 and 9(1) of
Appeal" in the General Permitted Development
Order specifically for householder development.
The Town and Country Planning (Consultation) (England)
Direction 2009
The Direction comes into force on 20 April 2009 and relates
to applications received on or after that date. It
concerns applications that require consultation with the
Secretary of State where an authority does not propose to
refuse.
It relates to Green Belt development,
development (retail, leisure or office) outside town centres, World
Heritage site development, playing field development and flood risk
area development. Existing directions relating to these are
cancelled.
Secretary of State consultation on time limits and
minor amendment applications
The Secretary of State has issued a
consultation document inviting views on a mechanism for extending
the time limits for implementation of existing planning
permissions, and how to implement the procedure for making
non-material amendments under section 190 of the Planning Act
2008 which inserted section 96A into the 1990 Act. It also
considers an allied procedure for very minor alterations using
section 73 of the 1990 Act.
It is proposed to give planning authorities the power to extend the
time limits for existing permission for major development, being
schemes for 10 or more houses or more than 100m2 of floorspace. This is proposed to be achieved by
creating a new form of ‘extension’ application which may be
achieved by amendments to secondary legislation. There will
be a flat rate fee of £170 for such an application.
With regard to what may be classed as ‘minor material amendments’
it is proposed that in future planning permissions should embody a
condition listing the approved plans and that section 73 may
then be used to saeek a variation to
such a condition. For ‘non-material amendments’ it is
proposed that the new section 96A procedure is used requiring
a decision within 28 days and attracting a fee of £170 (£25 for
householders).