The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/452 |
| Year | 2009 |
2009 No. 452
Town And Country Planning, England
The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009
Made 4th March 2009
Laid before Parliament 11th March 2009
Coming into force 6th April 2009
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 323 and 333(2A) of the Town and Country Planning Act 19901, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 and shall come into force on 6th April 2009.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Town and Country Planning Act 1990;
“appellant” means a person giving notice of appeal to the Secretary of State;
“document” includes a photograph, map or plan;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 20002;
“householder appeal” means an appeal under section 78(1) of the Act in relation to a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;
“householder application” means—
(a) an application for planning permission for development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, or
(b) an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development,
but does not include—
(i) an application for change of use,
(ii) an application to change the number of dwellings in a building;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“notice of appeal” means a notice of appeal under section 78 of the Act;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations, and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the local planning authority of—
(a) publication of the form on the website,
(b) the address of the website, and
(c) the place on the website where the form may be accessed, and how it may be accessed;
“starting date” means the date of the notice under regulation 4 or 11, as the case may be;
“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday; and
“written representations” includes supporting documents.
(2) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically—
(a)
(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;
(b)
(b) references to notices, representations or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
(3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).
(4) The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—
(a)
(a) capable of being accessed by the recipient,
(b)
(b) legible in all material respects, and
(c)
(c) sufficiently permanent to be used for subsequent reference.
(5) In paragraph (4), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
(6) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day.
(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.
Application
3.—(1) These Regulations apply in relation to England only.
(2) Part 1 of these Regulations only applies where—
(a)
(a) a householder appeal is made in relation to an application which was made on or after 6th April 2009; and
(b)
(b) the Secretary of State has determined under section 319A (determination of procedure of certain proceedings) of the Act that it is a matter which is to be determined on the basis of representations in writing.
(3) Part 2 of these Regulations only applies where—
(a)
(a) an appeal which is not a householder appeal is made under section 78 of the Act in relation to an application which was made on or after 6th April 2009; and
(b)
(b) the Secretary of State has determined under section 319A of the Act that it is a matter which is to be determined on the basis of representations in writing.
(4) Where the Secretary of State varies a determination under section 319A(4) so that an appeal proceeding at a local inquiry or at a hearing is to continue on the basis of representations in writing, in accordance with Part 1 or Part 2 of these Regulations, as the case may be, these Regulations apply in relation to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
(5) Where the Secretary of State varies a determination under section 319A(4) so that an appeal proceeding on the basis of representations in writing is to continue at a local inquiry or at a hearing, these Regulations shall cease to apply.
PART 1
Procedure for Householder Appeals
Notification of receipt of appeal
4. The Secretary of State shall, as soon as practicable after a determination has been made under section 319A of the Act, advise the appellant and the local planning authority in writing—
(a) of the reference number allocated to the appeal;
(b) that the appeal will follow the procedures set out in Part 1 of these Regulations; and
(c) of the address to which written communications to the Secretary of State about the appeal are to be sent.
Questionnaire
5. The local planning authority shall, within 5 working days of the starting date, send to the Secretary of State and copy to the appellant—
(a) a completed questionnaire; and
(b) a copy of each of the documents referred to in it.
Notice to interested persons
6.—(1) The local planning authority shall give written notice of the appeal within 5 working days of the starting date to—
(a)
(a) any person notified or consulted in accordance with the Act or a development order about the application which has given rise to the appeal; and
(b)
(b) any other person who made representations to the local planning authority about that application.
(2) A notice under paragraph (1) shall—
(a)
(a) state the name of the appellant and the address of the site to which the appeal relates;
(b)
(b) describe the application;
(c)
(c) state the starting date;
(d)
(d) set out the matters notified to the appellant and the local planning authority under regulation 4(a) and (b); and
(e)
(e) state that any representations made to the local planning authority in relation to the application, before it was determined, will be sent to the Secretary of State and the appellant by the local planning authority and will be considered by the Secretary of State when determining the appeal unless they are withdrawn in writing within 4 weeks of the starting date.
Representations
7.—(1) The notice of appeal and the documents accompanying it shall comprise the appellant’s representations in relation to the appeal.
(2) The completed questionnaire and documents sent with it shall comprise the local planning authority’s representations in relation to the appeal.
(3) The Secretary of State shall, as soon as practicable after receipt, send a copy of the representations made by the local planning authority to the appellant and shall send a copy of the representations made by the appellant to the local planning authority.
Further information
8.—(1) The Secretary of State may in writing require the appellant, local planning authority and other interested persons, to provide such further information relevant to the appeal as may be specified.
(2) Such information must be provided in writing within such period as the Secretary of State may specify.
(3) The Secretary of State may disregard any further information unless that information has been requested pursuant to paragraph (1).
Transfer of appeal from Part 1
9.—(1) At any time before an appeal is determined, the Secretary of State may determine that the procedures set out in this Part are no longer suitable for that appeal.
(2) Where such a determination is made the Secretary of State shall notify the appellant and the local planning authority in writing that—
(a)
(a) the appeal is to be transferred from the procedures set out in Part 1 of these Regulations; and
(b)
(b) the appeal will proceed in accordance with Part 2 of these Regulations to such extent as the...
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