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).