Citation, commencement and application

1. —(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2009 and shall come into force on 6th April 2009.

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

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

2.The Town and Country Planning (General Development Procedure) Order 1995( 2 ) is amended in accordance with the following provisions of this Order.

Amendment relating to interpretation

3. In article 1(2) after the entry for “floor space” insert—

“ “householder application” means —

Amendment relating to consultation before the grant of permission

4. In article 10(2)(l)(ii) for “0.4 hectares” substitute “0.2 hectares”.

Amendments relating to appeals

5. In article 23—

(a) for paragraphs (1) to (4) substitute—

“ (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—

(a) serving on the Secretary of State, within the time limit specified in paragraph (2), a completed appeal form, obtained from the Secretary of State, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and

(b) serving on the local planning authority a copy of the completed appeal form mentioned in paragraph (a), as soon as reasonably practicable, together with a copy of any relevant documents mentioned in paragraph (3)(a)(ii) or paragraph (3)(b)(v), as the case may be.

(2) The time limit mentioned in paragraph (1) is—

(a) in the case of a householder appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal;

(b) in all other cases, six months from—

(i) the date of the notice or determination giving rise to the appeal;

(ii) the expiry of the period specified in article 20 or, as the case may be article 21; or

(iii) in a case in which the authority have served a notice on the applicant in accordance with article 3(2) that they require further information, and the applicant has not provided the information, the date of service of that notice,

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

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

(a) in the case of a householder appeal—

(i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii) any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination;

(iii) the notice of the decision or determination.

(b) in all other cases—

(i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii) all plans, drawings and documents sent to the authority in connection with the application;

(iii) all correspondence with the authority relating to the application;

(iv) any certificate provided to the authority under article 7;

(v) any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination;

(vi) the notice of the decision or determination, if any;

(vii) if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.

(4) The Secretary of State may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1)(a) and the documents required under paragraph (3) are not served on him within the time limit specified in paragraph (2). ” ;

(b) after paragraph (6) at the end add—

“ (7) In this article “householder appeal” means an appeal under section 78(1) in relation to a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions. ” .

Amendment to notices

6. —(1) In the form of notification set out in Part 2 of Schedule 1, in the section headed ‘Appeals to the Secretary of State’, for the second bullet point substitute—

• “ As this is a decision to refuse planning permission for a householder application, if you want to appeal against your local planning authority’s decision then you must do so within 12 weeks of the date of this notice.*

• If you want to appeal against your local planning authority’s decision then you must do so within 6 months of the date of this notice. *

• Appeals must be made using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs . ” .

(2) In Part 1 of Schedule 2, after the notice headed “NOTICE UNDER ARTICLE 6 OF APPLICATION FOR PLANNING PERMISSION”, insert the notice set out in Part 1 of the Schedule to this Order.

(3) In Part 1 of Schedule 2, after the notice headed “NOTICE UNDER ARTICLES 6 AND 9(1) OF APPEAL”, insert the notice set out in Part 2 of the Schedule to this Order.

(4) In Schedule 3, in the notice headed “NOTICE UNDER ARTICLE 8”, before “Signed” insert—

“ As this is a householder application, in the event of an appeal against a refusal of planning permission, which is to be dealt with on the basis of representations in writing, any representations made about this application will be sent to the Secretary of State, and there will be no further opportunity to comment at appeal stage.* ” .

Transitional provisions

7. The amendments made by this Order do not apply in respect of any application for planning permission, consent, agreement or approval made before 6th April 2009.

Article 6(2) and (3)

SCHEDULE

PART 1 Town and Country Planning (General Development Procedure) Order 1995

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