The Town and Country Planning (Electronic Communications) (England) Order 2003

Explanatory Note

(This note is not part of the Order)

Section 8 of the Electronic Communications Act 2000 empowers the appropriate Minister (defined in section 9 of that Act) by order to modify any enactment or subordinate legislation for the purpose of authorising or facilitating the use of electronic communications. This Order modifies legislation relating to planning.

Articles 3 to 6 modify certain provisions of the Town and Country Planning Act 1990 (“the 1990 Act”).

Article 3 authorises the use of electronic communications for the specific purpose of sending notices of appeal against planning enforcement notices to the Secretary of State.

Article 4 amends section 329 of the 1990 Act to authorise the use of electronic communications for the general purpose of sending or giving notices or other documents under the Act, where certain conditions are fulfilled, and subject to exceptions in cases where criminal sanctions attach to failure to comply with certain types of notice. Section 329 applies for the purposes of other planning enactments, and so the modifications made to that section by this Order have effect, with further modifications as noted below, also for the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 89(1)); the Planning (Hazardous Substances) Act 1990 (see section 37); and Schedules 13 and 14 of the Environment Act 1995 (see section 96(2)).

Article 6 inserts definitions relating to electronic communication into section 336 (interpretation) of the 1990 Act. Consequential upon the insertion of a new definition of “address”, article 5 makes minor amendments to sections 171C and 330 of the 1990 Act, to ensure that requirements in those sections to give an address can be fulfilled only by giving a postal, and not an electronic, address. Article 6 also makes provision as to when electronic communications are deemed to have been received.

Articles 7 to 9 modify certain provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”).

Article 7 makes parallel provision, in relation to section 39 of that Act, to that made by article 3 in relation to section 174 of the 1990 Act.

Article 8 makes amendments to section 89 of the Listed Buildings Act, consequential upon the amendments to section 329 of the 1990 Act. In particular it disapplies the use of electronic communications for service of certain notices, where criminal sanctions attach to failure to comply with those notices.

Article 9 makes amendments to section 91 (the interpretation section) of the Listed Buildings Act which are parallel to those made by article 6 in relation to the equivalent section in the 1990 Act.

Article 10 makes amendments to Schedules 13 and 14 to the Environment Act 1995, in relation to the use of electronic communications for the purpose of making certain applications under those Schedules to a mineral planning authority.

Articles 11 to 15 give effect to the Schedules to this Order.

Schedule 1 makes provision amending the Town and Country Planning (General Development Procedure) Order 1995, so as to facilitate the use of electronic communications for making certain applications and appeals under the 1990 Act; to authorise the use of a website by the Secretary of State in relation to appeals under section 78 of that Act; and to facilitate the use of websites and electronic storage by local planning authorities.

Schedules 2, 3, and 4 amend rules made by the Lord Chancellor and governing the procedure for the conduct of certain inquiries under the 1990 Act. Schedule 2 amends the Town and Country Planning (Inquiries Procedure) (England) Rules 2000. Schedule 3 amends the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000. Schedule 4 amends the Town and Country Planning (Hearings Procedure) (England) Rules 2000. In each case, the amendments facilitate the use of electronic communications for service of notices and other documents, subject to conditions; authorise the supply of certain forms electronically by the Secretary of State; facilitate the use of websites for publication of certain documents and notices, again subject to certain specified conditions; authorise the use of electronic communications for notification of certain decisions, where the person to whom notification is to be given has consented; and, where electronic communications are used for certain purposes, relax the requirements for multiple copies of documents to be supplied.

Schedule 5 amends the Town and Country Planning (Applications) Regulations 1988, to authorise the electronic publication of forms of application for planning permission by the Secretary of State, and the use of electronic communications to transmit forms to the local planning authority, subject to specified conditions.

Schedule 6 amends to the Town and Country Planning (General Permitted Development) Order 1995, to authorise the use of electronic communications for the purpose of certain applications under that Order, subject to specified conditions.

Schedule 7 amends the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000, to authorise the use of electronic communications for giving statements or notices under those Regulations, subject to specified conditions.

Schedule 8 amends the Planning (Listed Buildings and Conservation Areas) Regulations 1990, made under the Listed Buildings Act, to authorise the use of electronic communications for making certain applications, or giving notice of appeal to the Secretary of State, under the Regulations, again subject to specified conditions; and to facilitate the use of websites by local planning authorities for certain purposes of those Regulations.

Schedules 9 to 13 amend regulations and rules (in the latter case, made by the Lord Chancellor) under the 1990 Act relating to planning enforcement appeals. Schedule 9 amends the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, to authorise the use of electronic communications for sending certain notices etc., and for making certain appeals to the Secretary of State, subject in each case to specified conditions. Schedule 10 amends the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002. Schedule 11 amends the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002. Schedule 12 amends the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002. Schedule 13 amends the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Rules 2002. In each of the four latter cases, the amendments made are similar to those made in relation to planning appeals by Schedules 2 to 4, and Schedule 7, as described above.

A Regulatory Impact Assessment has been prepared in relation to the Order. It has been placed in the Library of each House of Parliament and copies may be obtained from the Office of the Deputy Prime Minister, Planning Development Control Directorate Branch A, Zone 4/J2, Eland House, Bressenden Place, London SW1E 5DU.