This group of new legislation relates to SECTION 62A APPLICATIONS.

GROUP 3 OF 4 - New Legislation - 3 new Statutory Instruments (SIs):

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SHORT SUMMARY:

• The Secretary of State (SOS) can "designate" an LPA that's "not adequately performing their function of determining applications".  Such an LPA is then referred to as a "designated planning authority".
• Where an LPA is a "designated planning authority", then for most types of applications relating to major development an applicant can choose to submit their application to the SOS (i.e. rather than to the LPA).  Such applications are referred to as "section 62A applications".
• The above 3 new SIs set out the procedures relating to section 62A applications, which are mostly very similar to the procedures relating to standard applications (i.e. as set out by the DMPO 2010).  However, there are some significant differences, which include that there is no "validation dispute" procedure, that a section 62A application will be considered either at a hearing or on the basis of written representations, and that there is no right to appeal.
• Important Note: Please see below for significantly more details about all of the above.

SECTION 62A APPLICATIONS - INTRODUCTION:

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SECTION 62A APPLICATIONS - NEW PROVISIONS:

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Updates to the Planning Jungle website resulting from the above 3 new SIs:

• The "EIA Regulations 2011" page has been updated.
• The "Section 62A Applications Order/Regulations/Rules 2013" page has been created.

Other sources of information about the above 3 new SIs:

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