The Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013 and come into force on 1st October 2013.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990;

“building” includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;

“designated planning authority” means the local planning authority to which an application would otherwise have been made had the applicant not chosen to make the relevant application to the Secretary of State under section 62A of the 1990 Act(1);

“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 2000(2);

“erection”, in relation to buildings as defined in this article, includes extension, alteration or re-erection;

“flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“floor space” means the total floor space in a building or buildings;

“inspector” means—

(a)

in relation to a standard application, a person appointed by the Secretary of State under section 76D of the 1990 Act(3) to determine the relevant application;

(b)

in relation to a recovered application, a person appointed by the Secretary of State to assist him in considering the application on the basis of written representations;

“interested person” means, in relation to a relevant application, a person who makes representations to the Secretary of State in relation to the application within the representation period;

“questionnaire” means, in relation to a relevant application, the questionnaire the designated planning authority must send to the Secretary of State under article 12 of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(4);

“recovered application” means a relevant application which falls to be determined by the Secretary of State as a consequence of a direction made under section 76E(1) of the 1990 Act(5);

“representation period” has the meaning given in the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013;

“standard application” means a relevant application which falls to be determined by a person appointed by the Secretary of State under section 76D of the 1990 Act;

“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday; and

“written representations” includes supporting documents.

(1)

See section 62A(2)(b) of the 1990 Act for the meaning of “relevant application”. Section 62A was inserted into the 1990 Act by section 1 of the Growth and Infrastructure Act 2013 (c. 27).

(2)

2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

(3)

Section 76D was inserted by paragraph 5 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).

(4)

S.I. 2013/2140.

(5)

Section 76E was inserted by paragraph 5 of Schedule 1 to the Growth and Infrastructure Act 2013.