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

Article 16(1)

SCHEDULE 9 Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

1.  In regulation 3 (interpretation) before the definition of “enforcement notice” insert the following definition—

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

2.  In regulation 5 (explanatory note to accompany copy of enforcement notice), in sub-paragraph (a)(ii) at the end insert—

“, or (where electronic communications are used to send such notice to the Secretary of State) by sending the notice to him at such time that, in the ordinary course of transmission, it would be delivered to him before that date.”.

3.  After regulation 10 (notice of receipt of all required documents) insert—

“Use of electronic communications

10A— (1) Paragraphs (2) to (7) of this regulation apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in Part 3 of these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).

(2) The requirement shall be taken to be fulfilled where the document transmitted by means of the electronic communication is—

(a) capable of being accessed by the recipient,

(b) legible in all material respects, and

(c) sufficiently permanent to be used for subsequent reference.

(3) In paragraph (2), “legible in all material respects” means that the information contained in the notice or 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.

(4) 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; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(5) A requirement that any notice or other document should be in writing is fulfilled where that document meets the criteria in paragraph (2), and “written” and cognate expressions are to be construed accordingly.

(6) Where a person makes an appeal to the Secretary of State under regulation 6 using electronic communications, the person shall be taken to have agreed—

(a) to the use of such communications for all purposes relating to his appeal which are capable of being carried out electronically,

(b) that his address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, his statement of appeal;

(c) that his deemed agreement under this paragraph shall subsist until he gives notice in accordance with paragraph (7) that he wishes to revoke the agreement.

(7) Where a person is no longer willing to accept the use of electronic communications for the purposes of an appeal under these Regulations, he shall give notice in writing—

(a) withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose, or

(b) revoking any agreement entered into with the Secretary of State or with a local planning authority for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.”.

(1)

2000 c. 7.