Part 3Applications

Validation dispute12

1

Where—

a

a local planning authority require particulars or evidence to be included in an application; and

b

the applicant considers any particulars or evidence required do not meet the requirements set out in article 34(6)(c),

the applicant may send a notice to the authority.

2

The notice must—

i

specify which particulars or evidence the applicant considers do not meet the requirements set out in article 34(6)(c);

ii

set out the reasons the applicant relies upon in holding that view; and

iii

request the authority to waive the requirement to include those particulars or evidence in the application.

3

Following receipt of the notice mentioned in paragraph (1) and not later than the date specified in paragraph (3), the local planning authority must notify the applicant either that—

i

the authority no longer require the applicant to provide the particulars or evidence (“a validation notice”); or

ii

the authority continues to require the applicant to provide the particulars or evidence (“non-validation notice”).

4

The date specified in this paragraph is—

a

the date the period specified or referred to in article 34(2) (“the determination period”) ends; or

b

where the notice mentioned in paragraph (1) is received—

i

during the 7 working days immediately preceding the end of the determination period; or

ii

on the final day of, or after the end of, the determination period,

the date which is 7 working days after the date the notice is received by the local planning authority.

5

In this article “working day” has the same meaning as in article 2(6).