Making an application
Source: gov.uk (2025-05-12)

Supports effective delivery of planning application process.

Types of application

What types of application are possible?

There are 2 main types of application – applications for full planning permission (#full-planning-permission) and applications for outline planning permission (#outline-planning-permission).

Applications can also be made for:
- approval of reserved matters (#approval-of-reserved-matters);
- discharge of conditions (https://www.gov.uk/guidance/use-of-planning-conditions#discharging-and-modifying-conditions);
- amending proposals that have planning permission (https://www.gov.uk/guidance/flexible-options-for-planning-permissions);
- amending planning obligations (https://www.gov.uk/guidance/planning-obligations);
- lawful development certificates (https://www.gov.uk/guidance/lawful-development-certificates);
- prior approval for some permitted development rights (https://www.gov.uk/guidance/when-is-permission-required#permitted-development);
- non-planning consents (such as advertisement (https://www.gov.uk/guidance/advertisements) consent, consent required under a Tree Preservation Order (https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas) and hazardous substances (https://www.gov.uk/guidance/hazardous-substances) consent).
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What are non-planning consents?

Non-planning consents are those consents that may have to be obtained alongside or after, and separate from, planning permission in order to complete and operate a development lawfully.

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What should prospective applicants do if they are unsure what type of application is needed?

Applicants who are unsure about which type of application to make should speak to their local planning authority for information on different types of planning application, as well as non-planning consents.

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What is an application for full planning permission?

An application for full planning permission results in a decision on the detailed proposals of how a site can be developed. If planning permission is granted, and subject to compliance with any planning conditions that are imposed, no further engagement with the local planning authority is required to proceed with the development granted permission, although other consents may be required.

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What is an outline planning application?

An application for outline planning permission allows for a decision on the general principles of how a site can be developed. Outline planning permission is granted subject to conditions requiring the subsequent approval of one or more ‘reserved matters’.

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What are reserved matters?

Reserved matters are those aspects of a proposed development which an applicant can choose not to submit details of with an outline planning application, (ie they can be ‘reserved’ for later determination). These are defined in article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/2/made) as:
- ‘Access’ – the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.
- ‘Appearance’ – the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture.
- ‘Landscaping’ – the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes: (a) screening by fences, walls or other means; (b) the planting of trees, hedges, shrubs or grass; (c) the formation of banks, terraces or other earthworks; (d) the laying out or provision of gardens, courts, squares, water features, sculpture or public art; and (e) the provision of other amenity features;
- ‘Layout’ – the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development.
- ‘Scale’ – the height, width and length of each building proposed within the development in relation to its surroundings.
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Is there a time limit for making an application for approval of reserved matters?

Under section 92 of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/92), applications for approval of reserved matters (#approval-of-reserved-matters) must be made within a specified time-limit, normally 3 years from the date outline planning permission was granted.

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Do all reserved matters need to be submitted for approval at the same time?

Applications for approval under outline permission may be made either for all reserved matters at once, or individually. Even after details relating to a particular reserved matter have been approved, one or more fresh applications can be made for approval of alternative details in relation to the same reserved matter. Once the time-limit for applications for approval of reserved matters has expired, however, no applications for such an approval may be submitted.

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What should prospective applicants do if their application contains sensitive information?

See guidance on applications that contain sensitive information (https://www.gov.uk/guidance/crown-development#sensitive-information-in-planning-applications).

Sensitive information in this paragraph does not refer to data which is personal data for the purposes of the Data Protection Act 2018 (https://www.legislation.gov.uk/ukpga/2018/12/contents). Applicants who have questions about the use of personal data may wish to discuss them with the local planning authority.

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Who should an application be submitted to?

Which authority should deal with a planning application?

Most planning applications are submitted to the relevant local planning authority. In 2-tier council areas the relevant local planning authority will be the district council, except for applications involving minerals (https://www.gov.uk/guidance/minerals) and waste (https://www.gov.uk/guidance/waste) development which are made to the county council. The local authority finder (https://www.gov.uk/find-your-local-council) indicates the relevant authority for each area. In certain limited cases (#certain-limited-cases), it is possible to make an application direct to the Planning Inspectorate.

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What if an application relates to land in more than one local planning authority area?

Where a site which is the subject of a planning application straddles one or more local planning authority boundaries, the applicant must submit identical applications to each local planning authority.

See further guidance on how local planning authorities should publicise such ‘cross boundary’ applications (https://www.gov.uk/guidance/consultation-and-pre-decision-matters#land-falling-within-two-or-more). The planning fee is payable solely to the authority of wherever area contains the larger or largest part of the whole application site.

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What about development to be undertaken by a local authority?

The procedures dealing with development proposed by local authorities are contained in the Town and Country Planning General Regulations 1992 (https://www.legislation.gov.uk/uksi/1992/1492/contents/made) (as amended). The principle underlying these Regulations is that local authorities must make planning applications in the same way as any other person and must follow the same procedures as would apply to applications by others.

Local authorities may grant themselves planning permission for their own development on land in which they have an interest or for development by an authority jointly with another person. The proposals must be publicised (https://www.gov.uk/guidance/consultation-and-pre-decision-matters#Public-consultation) in the same way as any similar application from any other applicant and they cannot be decided by a committee or officer responsible for the management of any land or buildings to which the application relates.

Local authority development proposals, like those of other persons applying for planning permission, must be determined in accordance with the development plan unless material considerations indicate otherwise (https://www.gov.uk/guidance/determining-a-planning-application#how-decisions-on-applications). Planning permission which any local authority grants to itself runs with the land – see the Town and Country Planning General (Amendment) (England) Regulations 2018 (https://www.legislation.gov.uk/uksi/2018/99/made).

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What about development to be undertaken by the Crown?

The Planning Acts (https://www.legislation.gov.uk/ukpga/1990/8/section/336) apply to the Crown in a similar manner as they do to other applicants. This means that the Crown is normally required to apply for planning permission, consent under a Tree Preservation Order (https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas), listed building consent (https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment#planning-permission-listed-buildings), planning permission for relevant demolition in a conservation area (https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment#planning-permission-conservation-area) and hazardous substances consent (https://www.gov.uk/guidance/hazardous-substances#purpose-of-hazardous-substances-consent).

There is also a route to apply for planning permission for nationally important Crown Development, ‘Crown Development’ (#nationally-important-crown-development), and a special procedure where development is of national importance and needed as a matter of urgency, ‘Urgent Crown Development’ (#urgent-crown-development).

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What kinds of application are made directly to the Planning Inspectorate?
- Applications for development consent for Nationally Significant Infrastructure (https://infrastructure.planninginspectorate.gov.uk/application-process/the-process/).
- Applications for Crown development (#nationally-important-crown-development).
- Applications for major development under section 62A of the 1990 Act where the local planning authority has been designated (https://www.gov.uk/guidance/determining-a-planning-application#fails-decide-applications-on-time) by the Secretary of State and the applicant has chosen to submit an application to the Planning Inspectorate.
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What kinds of application are made to the Secretary of State for Business, Energy & Industrial Strategy?

The Department for Business, Energy & Industrial Strategy (BEIS) administers the provisions of the Electricity Act 1989 for developers seeking consents from the Secretary of State for the construction of overhead lines. This applies to overhead lines with a nominal voltage of less than 132 kilovolts and lines with a nominal voltage of 132 kilovolts or greater that are under 2 kilometres in length. Please see Consents and planning applications for national energy infrastructure projects (https://www.gov.uk/guidance/consents-and-planning-applications-for-national-energy-infrastructure-projects) for guidance on the consent application process detailed in section 37 of the Electricity Act 1989.

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Validation requirements

What is required to make a valid application for planning permission?

The submission of a valid application for planning permission requires:

(a) a completed application form (#Application-form)

(b) compliance with national information requirements (#National-information-requirements)

(c) the correct application fee

(d) provision of local information requirements (#Local-information-requirements)

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Application form

Where can the standard application form be found?

Applicants are encouraged to apply electronically through the local planning authority’s website (https://www.gov.uk/find-your-local-council). The standard application form can be viewed for information at Planning application and fire statement forms: templates (https://www.gov.uk/government/publications/planning-application-forms-templates-for-local-planning-authorities). Alternatively, an application can be completed on a paper version of the form provided by the local planning authority.

The vast majority of applications can be made using the standard application form. The standard application form cannot currently be used for applications for mining operations or the use of land for mineral-working deposits, although there is a separate paper form for onshore oil and gas development (https://www.planningportal.co.uk/planning/planning-applications/paper-forms/consent-types-not-available-through-the-online-system-and-paper-form-chooser).

Applications made under the Planning (Hazardous Substances) Act 1990 for hazardous substance consent are also not covered by the Standard Application Form. Such applications must be made on a form provided by the local planning authority.

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Does a planning application have to be made on paper?

Applicants are encouraged to apply electronically. However, online submission of supporting information may not always be possible. In these circumstances, information can be submitted to the local planning authority in hard copy, or electronically (eg on a CD or USB storage device).

For electronic applications, a typed signature of the applicant or agent’s name is acceptable.

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How many copies of the application form need to be submitted?

Applications submitted electronically do not need to be accompanied by any further copies either of the application or accompanying information.

Applicants who apply on a paper copy of the standard application form must provide the original plus 3 copies of the form (a total of 4 copies), unless the local planning authority indicate that a smaller number is required.

Local planning authorities may request additional copies above the statutory requirement, but failure to provide these additional copies would not be a basis for refusing to validate the application.

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Can a local planning authority insist that a copy of an application be submitted electronically or on paper?

A local planning authority cannot refuse to validate an application if an applicant who has made an application electronically does not provide paper copies. Similarly, a local planning authority cannot refuse to validate an application if an applicant does not provide an electronic copy of the application.

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What if an application is located in an area where the Community Infrastructure Levy is charged?

The Community Infrastructure Levy means that authorities charging the levy require additional information to determine whether a charge is due and to determine the amount. Applicants are required to answer additional questions to enable authorities to calculate levy liability.

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National information requirements

What are the national information requirements

An application for planning permission must be accompanied by:
- Plans and drawings (#Plans-and-drawings).
- Ownership Certificate and Agricultural Land Declaration (#Ownership-Certificate-and-Agricultural-Land-Declaration).
- Design and Access Statement (#Design-and-Access-Statement) (for some planning applications).
- Fire Statement (for some planning applications made on or after 1 August 2021) (https://www.gov.uk/guidance/fire-safety-and-high-rise-residential-buildings-from-1-august-2021)
In addition, there are specific requirements in relation to:
- Outline planning applications (#Outline-planning-applications).
- Applications that are subject to Environmental Impact Assessment (#Applications-subject-to-EIA).
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Plans and drawings

What plans and drawings must be submitted with a planning application?

As a minimum, applicants will need to submit a ‘location plan’ that shows the application site in relation to the surrounding area. Additional plans and drawings will in most cases be necessary to describe the proposed development, as required by the legislation (see article 7(1)(c)(ii) of the Town and Country Planning (Development Management Procedure (England) (Order) 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/7/made). These may be requested by the local planning authority through their local list of information requirements (#Local-information-requirements), where it is reasonable to do so.

Any plans or drawings must be drawn to an identified scale, and in the case of plans, must show the direction of north. Although not a requirement of legislation, the inclusion of a linear scale bar is also useful, particularly in the case of electronic submissions.

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What information should be included on a location plan?

A location plan should be based on an up-to-date map. The scale should typically be 1:1250 or 1:2500, but wherever possible the plan should be scaled to fit onto A4 or A3 size paper. A location plan should identify sufficient roads and/or buildings on land adjoining the application site to ensure that the exact location of the application site is clear.

The application site should be edged clearly with a red line on the location plan. It should include all land necessary to carry out the proposed development (eg land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings). A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site.

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Ownership Certificate and Agricultural Land Declaration

What is an ownership certificate?

A certificate which applicants must complete that provides certain details about the ownership of the application site and confirms that an appropriate notice has been served on any other owners (and agricultural tenants). The forms of notice are in Schedule 2 to the Town and Country Planning (Development Management Procedure (England) (Order) 2015 (https://www.legislation.gov.uk/uksi/2015/595/schedule/2/made).

An application is not valid, and therefore cannot be determined by the local planning authority, unless the relevant certificate has been completed. It is an offence to complete a false or misleading certificate, either knowingly or recklessly, with a maximum fine of up to £5,000.

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Which ownership certificate should be signed?
- Certificate A – Sole Ownership and no agricultural tenants This should only be completed if the applicant is the sole owner of the land to which the application relates and there are no agricultural tenants.
- Certificate B – Shared Ownership (All other owners/agricultural tenants known) This should be completed if the applicant is not the sole owner, or if there are agricultural tenants, and the applicant knows the names and addresses of all the other owners and/or agricultural tenants.
- Certificate C – Shared Ownership (Some other owners/agricultural tenants known) This should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners and/or agricultural tenants.
- Certificate D – Shared Ownership (None of the other owners/agricultural tenants known) This should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners and/or agricultural tenants.
An ‘owner’ is anyone with a freehold interest, or leasehold interest the unexpired term of which is not less than 7 years. In the case of development consisting of the winning or working of minerals, a person entitled to an interest in a mineral in the land is also an owner.

An ‘agricultural tenant’ is a tenant of an agricultural holding, any part of which is comprised in the land to which the application relates.

Any hard copy certificate submitted with the standard application form must be signed by hand. For any electronically submitted certificate, a typed signature of the applicant’s name is acceptable. Ownership certificates must also be completed for applications for listed building consent, although no agricultural declaration is required.

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Can a planning application be made on someone else’s land?

The planning system entitles anyone to apply for permission to develop any plot of land, irrespective of ownership. However, an applicant is required to notify owners of the land or buildings to which the application relates, as well as any agricultural tenants, in accordance with article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/13/made). When making an application, an applicant is required to sign a certificate confirming the ownership of the land (#ownership-certificate) to which the application relates and that the relevant notices have been served.

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What is an agricultural land declaration?

All agricultural tenants on a site must be notified prior to the submission of an application for planning permission. Applicants must certify that they have notified any agricultural tenants about their application, or that there are no agricultural tenants on the site. This declaration is required whether or not the site includes an agricultural holding. It is incorporated into the ownership certificates on the standard application form.

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Design and Access Statement

What is a Design and Access Statement?

A Design and Access Statement is a concise report accompanying certain applications for planning permission and applications for listed building consent. They provide a framework for applicants to explain how the proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users. Design and Access Statements can aid decision-making by enabling local planning authorities and third parties to better understand the analysis that has underpinned the design of a development proposal.

The level of detail in a Design and Access Statement should be proportionate to the complexity of the application, but should not be long.

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What applications must be accompanied by a Design and Access Statement?
- Applications for major development, as defined in article 2 of the Town and Country Planning (Development Management Procedure (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/2/made);
- one or more dwellings; or
- a building or buildings with a floor space of 100 square metres or more.
- Applications for listed building consent.
For the purposes of Design and Access Statements, a designated area means a World Heritage Site or a conservation area.

Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a Design and Access Statement.

Applications to amend the conditions attached to a planning permission (https://www.gov.uk/guidance/flexible-options-for-planning-permissions#Annex-A-summary-comparison-table) do not need to be accompanied by a Design and Access Statement.

There are some differences between the requirements for applications for planning permission (#applications-for-planning-permission) and applications for listed building consent (#applications-for-listed-building-consent).

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What should be included in a Design and Access Statement accompanying an application for planning permission?

A Design and Access Statement must:

(a) explain the design principles and concepts that have been applied to the proposed development; and

(b) demonstrate the steps taken to appraise the context of the proposed development, and how the design of the development takes that context into account.

A development’s context refers to the particular characteristics of the application site and its wider setting. These will be specific to the circumstances of an individual application and a Design and Access Statement should be tailored accordingly.

Design and Access Statements must also explain the applicant’s approach to access and how relevant Local Plan policies have been taken into account. They must detail any consultation undertaken in relation to access issues, and how the outcome of this consultation has informed the proposed development. Applicants must also explain how any specific issues which might affect access to the proposed development have been addressed.

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What should be included in a Design and Access Statement accompanying an application for listed building consent?

Design and Access Statements accompanying applications for listed building consent must include an explanation of the design principles and concepts that have been applied to the proposed works, and how they have taken account of:

(a) the special architectural or historic importance of the building;

(b) the particular physical features of the building that justify its designation as a listed building; and

(c) the building’s setting.

Unless the proposed works only affect the interior of the building, Design and Access Statements accompanying applications for listed building consent must also explain how issues relating to access to the building have been dealt with. They must explain the applicant’s approach to access, including what alternative means of access have been considered, and how relevant Local Plan policies have been taken into account. Statements must also explain how the applicant’s approach to access takes account of matters (a)-(c) above.

Design and Access Statements accompanying applications for listed building consent must provide information on any consultation undertaken, and how the outcome of this consultation has informed the proposed works. Statements must also explain how any specific issues which might affect access to the building have been addressed.

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Where a planning application is submitted in parallel with an application for listed building consent, do two Design and Access Statements need to be provided?

Where a planning application is submitted in parallel with an application for listed building consent, a single, combined Design and Access Statement should address the requirements of both. The combined Statement should address the elements required in relation to a planning application and the additional requirements in relation to listed building consent.

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Outline planning applications

What details need to be submitted with an outline planning application?

Information about the proposed use or uses, and the amount of development proposed for each use, is necessary to allow consideration of an application for outline planning permission.

Under article 5(3) of the Development Management Procedure Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/5/made), an application for outline planning permission must also indicate the area or areas where access points to the development will be situated, even if access has been reserved (#approval-of-reserved-matters).

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Can details of reserved matters be submitted with an outline application?

An applicant can choose to submit details of any of the reserved matters (#approval-of-reserved-matters) as part of an outline application. Unless the applicant has indicated that those details are submitted “for illustrative purposes only” (or has otherwise indicated that they are not formally part of the application), the local planning authority must treat them as part of the development in respect of which the application is being made; the local planning authority cannot reserve that matter by condition for subsequent approval.

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Can a local planning authority request further details in relation to reserved matters?

A local planning authority can request further details in relation to reserved matters under article 5(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/5/made). If a local planning authority considers that an outline application ought to include details of the reserved matters it must notify the applicant no more than one month after the application is received, specifying which further details are required.

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Applications subject to Environmental Impact Assessment

What information is required if an application is subject to Environmental Impact Assessment?

For projects requiring an Environmental Impact Assessment, an Environmental Statement (and non-technical summary) must be provided. See guidance on Environmental Impact Assessment (https://www.gov.uk/guidance/environmental-impact-assessment).

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Local information requirements

What is the government’s policy on local information requirements?

The government’s policy on local information requirements can be found in the National Planning Policy Framework (https://www.gov.uk/guidance/national-planning-policy-framework/4-decision-making#para44). Local planning authorities should take a proportionate approach to the information requested in support of planning applications.

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Can local planning authorities request information that must be provided with a planning application?

A local planning authority may request supporting information with a planning application. Its requirements should be specified on a formally adopted ‘local list’ which has been published on its website less than 2 years before an application is submitted. Local information requirements have no bearing on whether a planning application is valid unless they are set out on such a list.

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Can local planning authorities request any information from its local list?

The local list is prepared by the local planning authority to clarify what information is usually required for applications of a particular type, scale or location.

In addition to being specified on an up-to-date local list published on the local planning authority’s website, information requested with a particular planning application must be:
- reasonable having regard, in particular, to the nature and scale of the proposed development; and
- about a matter which it is reasonable to think will be a material consideration in the determination of the application.
These statutory tests are set out in section 62 (4A) of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/2013/27/section/6) (inserted by the Growth and Infrastructure Act) and article 11(3)(c) of the Town and Country Planning (Development Management Procedure) (England) (Order) 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/11/made).

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What happens if a local planning authority asks for information which is not necessary?

Applicants can either provide the information, or use the procedure to resolve disputes over the information to be provided with a planning application (#validation-of-an-application).

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Can planning obligations or heads of terms be on a local list?

The purpose of planning obligations (https://www.gov.uk/guidance/planning-obligations) is to make development acceptable in planning terms. This is about mitigation, rather than just identification, of any undesirable impact and is generally negotiated during the consideration of a planning application. So while it can be good practice to submit information about a proposed planning obligation alongside an application, it should not normally be a requirement for validation of a planning application. If they are to go on the local list, the local planning authority should be able to justify their inclusion in relation to any particular development.

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How often should a local list be reviewed?

A local list should be reviewed at least every 2 years.

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How should a local planning authority review its local list?

The recommended process for reviewing and revising local lists involves the following 3-step process:
- Step 1: Reviewing the existing local list
Local planning authorities should identify the drivers for each item on their existing local list of information requirements. These drivers should be statutory requirements, policies in the National Planning Policy Framework or development plan, or published guidance that explains how adopted policy should be implemented.

Having identified their information requirements, local planning authorities should decide whether they need to revise their existing local list. Where a local planning authority decides that no changes are necessary, it should publish an announcement to this effect on its website and republish its local list.
- Step 2: Consulting on proposed changes
Where a local planning authority considers that changes are necessary, the proposals should be issued to the local community, including applicants and agents, for consultation.
- Step 3: Finalising and publishing the revised local list
Consultation responses should be taken into account by the local planning authority when preparing the final revised list. The revised local list should be published on the local planning authority’s website.

Information requested with a particular planning application must meet the statutory tests introduced by the Growth and Infrastructure Act (#Growth-and-Infrastructure-Act-statutory-tests).

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Receipt of an application

What does the local planning authority do when it first receives an application?

Once it has received an application, the local planning authority will register the application and send the applicant an acknowledgement that confirms the application has been received and sets out the next steps.

Issues that may arise when an application is first submitted:
- Changes to the description of the development (#Changes-to-the-description-of-development)
- Delay in validation of an application (#validation-of-an-application)
- Dealing with ’repeat applications’ for development that has already been refused (#Dealing-with-repeat-applications)
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Changes to the description of development

Can a local planning authority amend the description of development?

Before publicising and consulting on an application (https://www.gov.uk/guidance/consultation-and-pre-decision-matters), the local planning authority should be satisfied that the description of development provided by the applicant is accurate. The local planning authority should not amend the description of development without first discussing any revised wording with the applicant or their agent. Checking the accuracy of the description of development should not delay validation of an application.

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Delay in the validation of an application

What should happen if there is delay in validating an application?

Applications should be validated as soon as practicable to allow the formal process of publicising and consulting on the application to begin. Sometimes delays can occur if there are concerns about the validity of an application. In such circumstances, it is advisable for local planning authorities to:
- discuss their concerns with the applicant at the earliest opportunity; and
- give clear advice about what steps need to be taken to address their concerns.
See the requirements for a valid application (#Validation-requirements-for-planning-permission).

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What happens if, after having received a planning application the local planning authority considers that insufficient information has been provided to make a decision on the application?

The local planning authority will inform the applicant as soon as possible that this is the case, setting out what additional information it thinks needs to be provided. Any additional information must form part of the local list, and meet the statutory tests (#Growth-and-Infrastructure-Act-statutory-tests).

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What happens where the applicant disagrees with the local planning authority request to provide additional information?

It is expected that both the applicant and local planning authority should make every effort to resolve disagreements about the information needed to support a planning application. Informal negotiation is clearly in the interests of both parties. The local planning authority should involve qualified planning officers in such discussions to judge what information is necessary.

Pre-application discussions can be a useful way for an applicant and local planning authority to agree what information is required before an application is submitted. This can help avoid disputes over the information necessary to validate an application and reduce associated delays.

There is a procedure in the Development Management Procedure Order to resolve such disputes. An applicant must first send the local planning authority a notice under article 12 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/12/made) (an ’article 12 notice’). This must set out the reasons why the applicant considers that the information requested by the local planning authority, in refusing to validate the planning application, does not meet the statutory tests (#Growth-and-Infrastructure-Act-statutory-tests).

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How should a local planning authority respond to an article 12 notice?

When a local planning authority receives an article 12 notice, it will consider the merits of the applicant’s case as to why the information requested does not meet the statutory tests (#Growth-and-Infrastructure-Act-statutory-tests). The local planning authority must then either issue a ‘validation notice’, stating that it no longer requires the information specified in the article 12 notice, or a ‘non-validation notice’ stating that it still requires the applicant to provide the information requested.

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How long does a local planning authority have to respond to an article 12 notice?

A local planning authority must respond to an article 12 notice within the statutory time period for determining the application in question (https://www.gov.uk/guidance/determining-a-planning-application). Depending on the type of application, this would be 8, 13 or 16 weeks after the day the application is received, or an extended period agreed in writing between the applicant and local planning authority. Where possible, local planning authorities are encouraged to respond to such notices as soon as possible to facilitate further negotiations between the parties. If the statutory time period has already passed or will pass in 7 working days or less, the local planning authority must respond to the article 12 notice within 7 working days.

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Can the article 12 procedure apply to applications which are subject to Environmental Impact Assessment?

The article 12 procedure can apply to applications which are subject to Environmental Impact Assessment. However, they cannot be used to resolve disputes over information that is necessary to meet requirements under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (https://www.legislation.gov.uk/uksi/2011/1824/contents/made).

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What steps are available to an applicant in cases where the local planning authority has served a non-validation notice?

After receiving a non-validation notice and after the relevant time period has passed without the local planning authority granting or refusing to grant planning permission, an applicant may appeal to the Planning Inspectorate against non-determination of the application.

In such cases, the statutory time period will be considered to have begun at the point where the local planning authority has received the fee, documents and other information necessary to validate the application (#Validation-requirements-for-planning-permission), but excluding the disputed information specified in the article 12 notice. The Planning Inspectorate will consider the merits of the validation dispute and the appeal itself.

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What happens if the local planning authority fails to respond to an article 10A notice?

If the local planning authority fails to respond to an article 12 notice or determine the application within the relevant time periods (#time-respond-to-an-article-12-notice), the applicant has a right of appeal to the Planning Inspectorate against non-determination.

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What is the process for handling validation disputes?

(https://assets.publishing.service.gov.uk/media/5a80880240f0b62305b8bb14/making-an-application.pdf)

Flowchart: what is the process for handling validation disputes? (https://assets.publishing.service.gov.uk/media/5a80880240f0b62305b8bb14/making-an-application.pdf)

PDF, 133 KB, 1 page

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Dealing with ‘repeat applications’ for development that has already been refused

Can an application be made for a development which has already been refused?

An application can be made for a development which has already been refused. However local planning authorities have the power to decline an application for planning permission which is similar to an application that, within the last 2 years, has been dismissed by the Secretary of State on appeal or refused following call-in. A local planning authority may also decline to determine an application for planning permission if it has refused more than one similar application within the last 2 years and there has been no appeal to the Secretary of State. In declining to determine an application, a local planning authority must be of the view that there has been no significant change in the development plan (so far as relevant to the application) and any other material considerations since the similar application was refused, or dismissed on appeal.

This power includes the ability to decline to determine applications for listed building consent and applications for the prior approval of a local planning authority for development which is permitted under the Town and Country Planning (General Permitted Development) Order 2015 (https://www.legislation.gov.uk/uksi/2015/596/made).

Where a local planning authority declines to determine an application, it should notify the applicant that it has exercised its power under section 70A of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/70A), or section 81A of the Planning (Listed Buildings and Conservation Areas) Act 1990 (https://www.legislation.gov.uk/ukpga/1990/9/section/81A), to decline to determine the application and should return the application to the applicant.

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What constitutes a similar application?

Section 70A(8) of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/70A) defines applications for planning permission as ’similar’ if (and only if) the local planning authority thinks that the development and the land to which the applications relate are the same or substantially the same.

Section 81A(7) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (https://www.legislation.gov.uk/ukpga/1990/9/section/81A) defines an application for listed building consent or conservation area consent as similar if (and only if) the local planning authority thinks that the building and works to which the applications relate are the same or substantially the same.

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Must a local planning authority decline to determine repeat planning applications?

Where an authority considers that an application is similar, it is not automatically obliged to decline to determine the application. The purpose of these powers is to inhibit the use of ‘repeat’ applications that the local planning authority believes are submitted with the intention of, over time, wearing down opposition to proposed developments. They are, however, designed to be flexible and to give local planning authorities the discretion to entertain ‘repeat’ planning applications where they are satisfied that a genuine attempt has been made to overcome the planning objections which led to rejection of the previous proposal or there has been a material change in circumstances.

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Can an applicant appeal against a local planning authority’s decision to decline to determine an application?

An application which a local planning authority declines to determine should be returned to the applicant and should then be regarded by the authority as withdrawn. Applicants have no right of appeal against a local planning authority’s decision not to determine an application except where the authority has failed to give notice of their decision not to determine an application. An applicant may, however, apply for judicial review of an authority’s decision to exercise its power under these sections.

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Changes after validation of an application

Can additional information be requested by the local planning authority after an application has been validated?

Information can be requested after the application has been validated, although normal time periods for determining the application continue to apply unless a longer period is agreed in writing between the applicant and local planning authority to extend the determination period.

Any request for further information under section 62(3) of the Town and Country Planning Act 1990 (https://www.legislation.gov.uk/ukpga/1990/8/section/62) must meet the tests in section 62(4A) (https://www.legislation.gov.uk/ukpga/2013/27/section/6/enacted) and must not affect the validity of an application, where it has been validated and registered.

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Can an applicant amend an application after it has been submitted?

It is possible for an applicant to suggest changes to an application before the local planning authority has determined the proposal. It is equally possible after the consultation period for the local planning authority to ask the applicant if it would be possible to revise the application to overcome a possible objection. It is at the discretion of the local planning authority whether to accept such changes, to determine if the changes need to be reconsulted upon (https://www.gov.uk/guidance/consultation-and-pre-decision-matters), or if the proposed changes are so significant as to materially alter the proposal such that a new application should be submitted.

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The planning register

Is there a public record of planning applications which have been made?

Article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/40/made) requires each local planning authority to maintain a register of planning applications in relation to their area.

The planning register is held at the local planning authority’s offices. Article 40(14) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/40/made) makes provision for the register to be made available online.

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Does the planning register need to record all information (including representations by third parties) relating to a planning application?

Subject to meeting the requirements of article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/40/made) and the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (https://www.legislation.gov.uk/uksi/2017/571/contents/made) it is for local planning authorities to decide what information they include on the planning register.

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Do district councils need to record applications involving ‘county matters’?

In 2-tier areas it is only the district which must keep the planning register; the county is under no duty to keep a planning register. Under article 11(4) of the Town and Country Planning Development Management Procedure (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/11/made), a copy of any application made to the county, as well as accompanying plans, drawings and information, must be sent to the district by the county. Hard copies or electronic copies are acceptable. Copies sent electronically must meet the requirements of article 2(3) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (https://www.legislation.gov.uk/uksi/2015/595/article/2/made).

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