Town And Country Planning, England Citation, commencement and application 1 1 This Order may be cited as the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2013 and shall come into force on 1st October 2013. 2 This Order applies in relation to England only. Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2010 2 1 The Town and Country Planning (Development Management Procedure) (England) Order 2010 is amended as follows. 2 In article 2(1) (interpretation) after the definition of “mining operations” insert— “minor commercial application” means— an application for planning permission for development of an existing building or part of a building currently in use for any of the purposes set out in Schedule 1A, or an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development, where such an application does not include a change of use, a change to the number of units in a building, or development that is not wholly at ground floor level or that would increase the gross internal area of a building,. . 3 In article 13(7)(f) (publicity for applications for planning permission) insert “or minor commercial” after “in the case of a householder”. 4 In Article 33 (appeals)— a in paragraph (1)(b) insert “the documents mentioned in paragraph (3)(b)(viii) to (x) (where those paragraphs apply), and” after “together with a copy of”; b in paragraph (2)(a) insert “or minor commercial” after “householder”; c in paragraph (3)(a) insert “or minor commercial” after “householder”; d omit “and” at the end of paragraph (3)(b)(vi); e at the end of paragraph (3)(b)(vii) substitute “planning permission granted;” for “planning permission granted.”; f after paragraph (3)(b)(vii) insert— viii subject to paragraph (3A), the applicant’s full statement of case (if they wish to make additional representations); ix subject to paragraph (3A), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and x subject to paragraph (3A), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry. 3A Paragraph 3(b)(viii) to (x) does not apply— a where a direction is given by the Secretary of State under section 321(3) of the 1990 Act (matters related to national security) ; b where section 293A of the 1990 Act (urgent Crown development) applies; c in relation to type A or type B appeals; or d in relation to major infrastructure projects (within the meaning in rule 2 of the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002 (interpretation)) . ; g in paragraph (7)— i before the definition of “householder appeal” insert— “draft statement of common ground” means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority; “full statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence; ; ii after the definition of “householder appeal” insert— “minor commercial appeal” means an appeal under section 78(1) of the 1990 Act in relation to a minor commercial application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions; ; and iii in paragraph (b)(i) of the definition of “type B appeal” insert “or minor commercial” after “householder”; 5 after Schedule 1 insert Schedule 1A in Schedule 1. 6 In Schedule 2— a after the notice under article 11 of application for planning permission for householder development insert the notice in Schedule 2; and b after the notice under articles 11 and 32 of appeal relating to the refusal to grant permission for householder development insert the notice in Schedule 3. 7 In Schedule 3 for the notice under article 13(4) or (5) of application for planning submission substitute the notice in Schedule 4. Transitional provisions 3 1 This Order does not apply in relation to— a any appeal under section 78(1) of the Planning Act relating to an application determined before this Order comes into force; or b any appeal under section 78(2) of the Planning Act if the relevant period referred to in that paragraph expired before this Order comes into force. 2 Article 2(4)(b) and (c) does not apply in relation to any appeal under section 78 of the Planning Act relating to an application made before this Order comes into force. 3 In this article— “the Planning Act” means the Town and Country Planning Act 1990 . Signed by authority of the Secretary of State for Communities and Local Government Nick Boles Parliamentary Under Secretary of State Department for Communities and Local Government 27th August 2013