The Town and Country Planning (General Development Procedure) Order 1995

General provisions relating to applications

5.—(1) Any application made under regulation 3 of the 1988 Regulations (applications for planning permission) or article 4 above, shall be made—

(a) where the application relates to land in Greater London or a metropolitan county, to the local planning authority;

(b) where the application relates to land in neither Greater London nor a metropolitan county and—

(i) that land is in a National Park, or

(ii) the application relates to a county matter,

to the county planning authority;

(c) in any other case, to the district planning authority(1).

(2) When the local planning authority with whom an application has to be lodged receive—

(a) in the case of an application made under paragraph (1) of regulation 3 of the 1988 Regulations, the form of application required by that paragraph, together with the certificate or other documents required by article 7;

(b) in the case of an application made under regulation 3(3) of the 1988 Regulations, sufficient information to enable the authority to identify the previous grant of planning permission, together with the certificate or other documents required by article 7;

(c) in the case of an application made under article 4 above, the documents and information required by that article,

and the fee, if any, required to be paid in respect of the application(2), the authority shall as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1 hereto.

(3) Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as practicable, send a copy of the application and of any accompanying plans and drawings to the district planning authority, if any.

(4) Where, after sending an acknowledgement as required by paragraph (2) of this article, the local planning authority consider that the application is invalid by reason of a failure to comply with the requirements of regulation 3 of the 1988 Regulations or article 4 above or any other statutory requirement, they shall as soon as reasonably practicable notify the applicant that his application is invalid.

(5) In this article, “county matter” has the meaning given to that expression in paragraph 1(1) of Schedule 1 to the Act(3) (local planning authorities — distribution of functions).

(1)

For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

(2)

Fees are prescribed by regulations made under section 303 of the Act; S.I. 1989/193, amended by S.I. 1990/2473, 1991/2735, 1992/1817, 1992/3052, 1993/3170.

(3)

Paragraph 1(1) of Schedule 1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).