Citation, commencement and application

1. —(1) This Order may be cited as the Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment No. 2) Order 2013 and shall come into force on 13th January 2014.

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

Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2010

2. —(1)The Town and Country Planning (Development Management Procedure) (England) Order 2010( 2 ) is amended as follows.

(2) In article 6(4) for “An application” substitute “Subject to paragraph (4A), an application”.

(3) After article 6(4) insert—

“ (4A) In relation to an application for planning permission for development consisting of the winning and working of oil or natural gas by underground operations (including exploratory drilling)—

(a) where the application is made pursuant to section 73 or section 73A(2)(c) ( 3 ) of the 1990 Act or is an application of a kind referred to in article 18(1)(b) or (c), paragraph (4) applies;

(b) in any other cases, paragraph (1) applies. ”

(4) In article 11—

(a) in paragraph (2), for “In the case of an application” substitute “Subject to paragraph (2A), in the case of an application”;

(b) after paragraph (2) insert—

“ (2A) In the case of an application for planning permission for development consisting of the winning and working of oil or natural gas (including exploratory drilling)—

(a) the applicant is not required to serve a notice under paragraph (2)(a) in relation to any land which is to be used solely for underground operations;

(b) where any part of the land to which the application relates is in an unparished area, the applicant shall give notice under paragraph (2)(c) in relation to that part of the land as if for “parish” there were substituted “ward”; and

(c) where sub-paragraph (b) applies, references in this article to notices required by paragraph (2)(c) include notices required by paragraph (2)(c) as modified by sub-paragraph (b). ”

Amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

3. —(1)Article 9 of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013( 4 ) is amended as follows.

(2) In paragraph (2), for “In the case of a relevant application” substitute “Subject to paragraph (2A), in the case of a relevant application”.

(3) After paragraph (2) insert—

“ (2A) In the case of a relevant application for planning permission for development consisting of the winning and working of oil or natural gas (including exploratory drilling)—

(a) the applicant is not required to serve a notice under paragraph (2)(a) in relation to any land which is to be used solely for underground operations;

(b) where any part of the land to which the application relates is in an unparished area, the applicant shall give notice under paragraph (2)(c) in relation to that part of the land as if for “parish” there were substituted “ward”; and

(c) where sub-paragraph (b) applies, references in this article to notices required by paragraph (2)(c) include notices required by paragraph (2)(c) as modified by sub-paragraph (b). ”