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The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004

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Article 12(1)

SCHEDULE 2Amendment of the Town and Country Planning (Applications) Regulations 1988

1.  In regulation 2 (interpretation), insert the following definitions at the appropriate places—

“address”, in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically, means any number or address used for the purpose of such communications;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(1);.

2.  In regulation 3 (applications for planning permission), for paragraph (a), substitute—

(a)be made—

(i)on a form provided by the local planning authority; or

(ii)where the local planning authority has consented to applications being so made, on a form published electronically by the Secretary of State and provided by him to the applicant using electronic communications for that purpose..

3.  After regulation 4 (directions by the local planning authority), add—

Use of electronic communications

5.(1) Where an application is made using electronic communications to transmit a form to the local planning authority—

(a)paragraph (1)(c) of regulation 3 shall not apply;

(b)references in these Regulations to forms, plans and drawings include references to such things in electronic form; and

(c)the applicant shall be taken to have agreed—

(i)to the use of such communications by the local planning authority for the purpose of giving directions to him under regulation 4;

(ii)that his address for that purpose is the address incorporated into, or otherwise logically associated with, his application; and

(iii)that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall be final and shall take effect on a date specified by the applicant but not less than seven days after the date on which the notice is given)..

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