Citation, commencement and application

1. —(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 and shall come into force on 1st October 2009.

(2) This Order applies in relation to England only.

Amendment of the Town and Country Planning (General Development Procedure) Order 1995

2. —(1)The Town and Country Planning (General Development Procedure) Order 1995( 2 ) is amended as follows.

(2) In article 4C (design and access statements) after paragraph (1)(c) insert—

“ (d) development that is the subject of an application referred to in article 10B(1)(b) ” .

(3) In article 4E (applications for planning permission)—

(a) in paragraph (1)(c) after “of the Act” insert “or is referred to in article 10B(1)(b)”; and

(b) omit paragraph (4).

(4) After article 4E insert—

“ Applications for non-material changes to planning permission

4F. —(1) This article applies in relation to an application made under section 96A(4) of the Act (power to make non-material changes to planning permission).

(2) An application in relation to which this article applies must be made in writing to the local planning authority on a form published by the Secretary of State (or a form to substantially the same effect).

(3) At the same time as making an application in relation to which this article applies the applicant must give notice to any person (other than the applicant) who is an owner of the land to which the application relates or a tenant of an agricultural holding any part of which is comprised in the land to which the application relates, stating—

(a) what the application is for and where the person can view a copy of it; and

(b) that any representations about the application must be made to the local planning authority within 14 days of the date when the notice is given.

(4) Where notice is given under paragraph (3), the local planning authority must, in determining an application, take into account any representations made within 14 days beginning with the date when the notice was given.

(5) Where a local planning authority receive an application made in accordance with paragraph (2) they must give the applicant notice in writing of their decision on the application within 28 days of receipt of the application or such longer period as may be agreed in writing between the applicant and the authority. ”

(5) In article 10 (consultations before the grant of permission),

(a) after paragraph (1)(iv) insert—

“ (v) the development is not EIA development and is the subject of an application in relation to which article 10B applies. ” ; and

(b) in paragraph (4) after “this article” insert “or article 10B”.

(6) After article 10A insert—

“ Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit

10B. —(1) This article applies in relation to—

(a) an application made pursuant to section 73 of the Act (determination of applications to develop land without conditions previously attached); and

(b) an application for planning permission where the development that is the subject of the application—

(i) has not yet begun; and

(ii) was granted planning permission on or before 1st October 2009 subject to a time limit imposed by or under section 91 (general condition limiting duration of planning permission) or 92 (outline planning permission) of the Act which has not expired (“the previous planning permission”).

(2) Before granting planning permission on an application in relation to which this article applies, the local planning authority must consult such authorities or persons falling within a category set out in the table in article 10 as the local planning authority consider appropriate. ”

(7) In article 11A (duty to respond to consultation), in paragraph (1), after sub-paragraph (a) insert—

“ (aa) article 10B; ” .