Town and Country Planning Act 1990

65 Publication of notices of applications for planning permission for designated development.E+W

(1)A development order may designate any class of development as development to which this section is to apply; and a class of development which is for the time being so designated is in this section referred to as “development of a designated class”.

(2)An application for planning permission for development of a designated class shall not be entertained by the local planning authority unless it is accompanied—

(a)by a copy of a notice of the application, in such form as may be prescribed by a development order, and by such evidence as may be so prescribed that the notice has been published in a local newspaper circulating in the locality in which the land to which the application relates is situated; and

(b)by a certificate signed by or on behalf of the applicant stating—

(i)that he has complied with subsection (3) and when he did so, or

(ii)that he has been unable to comply with it because he has not such rights of access or other rights in respect of the land as would enable him to do so, and that he has taken such reasonable steps as are open to him (specifying them) to acquire those rights but has been unable to acquire them.

(3)In order to comply with this subsection a person must—

(a)post on the land a notice, in such form as may be prescribed by a development order, stating that the application for planning permission is to be made; and

(b)leave the notice in position for not less than seven days in a period of not more than one month immediately preceding the making of the application to the local planning authority.

(4)The notice mentioned in subsection (3)—

(a)must be posted by affixing it firmly to some object on the land, and

(b)must be sited and displayed in such a way as to be easily visible and legible by members of the public without their going on the land.

(5)An applicant shall not be treated as unable to comply with subsection (3) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (3)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.

(6)If an applicant has cause to rely on subsection (5) his certificate under subsection (2)(b) must state the relevant circumstances.

(7)The notice mentioned in subsection (2)(a) or required by subsection (3) shall (in addition to any other matters required to be contained in it) name a place within the locality where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.

(8)That period shall not be less than 21 days beginning with the date on which the notice is published or, as the case may be, first posted.

(9)An application for planning permission for development of a designated class shall not be determined by the local planning authority before the end of the period of 21 days beginning with the date of the application.