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

• Citation: S.I. 2003/956
• Sections: 98

Section 1 Citation, commencement and application

(1) This Order may be cited as the Town and Country Planning (Electronic Communications) (England) Order 2003 and shall come into force on the day after that on which it is made.

(2) This Order applies to all land in England.

Section 2 Interpretation

In this Order—

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

“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .

Section 3 Use of electronic communications for appealing against enforcement notices

In section 174 of the 1990 Act (appeal against enforcement notice), in subsection (3) repeal “either” and at the end add

; or

(c) by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.

Section 4 Use of electronic communications for service of notices

(1) Section 329 of the 1990 Act (service of notices) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

(cc) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or

(3) After subsection (3), insert—

(3A) The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—

(a) capable of being accessed by the person mentioned in that provision;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(3B) Subsection (1)(cc) shall not apply to—

(a) service of a planning contravention notice;

(b) service of a copy of an enforcement notice by a local planning authority;

(c) giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;

(d) service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;

(e) service of an enforcement notice issued by the Secretary of State;

(f) service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;

(g) service of a stop notice by the Secretary of State;

(h) service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;

(i) giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 199;

(j) service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;

(k) service of a notice under section 330 requiring information as to interests in land.

Section 5 Postal addresses to be provided in response to certain notices requiring information

In the following provisions of the 1990 Act—

(a) paragraphs (c) and (e) of subsection (3) of section 171C (power to require information about activities on land), and

(b) paragraphs (b) and (e) of subsection (2) of section 330 (power to require information as to interests in land),

after “name and”, insert “postal”.

Section 6 Insertion of definitions and interpretation provisions

(1) Section 336 of the 1990 Act (interpretation) is amended as follows.

(2) In subsection (1), insert the following definitions at the appropriate places—

“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

(3) After subsection (4), insert—

(4A) Where—

(a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and

(b) the communication is received by that person outside that person’s business hours,

it shall be taken to have been received on the next working day, and in this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

Section 7 Use of electronic communications for appeals against listed building enforcement notices

In section 39 of the Listed Buildings Act (appeal against listed building enforcement notices), in subsection (2) repeal “either” and at the end add—

; or

(c) by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.

Section 8 Use of electronic communications for service of notices under the Listed Buildings Act

(1) Section 89 of the Listed Buildings Act (application of certain general provisions of principal Act) is amended as follows.

(2) In subsection (1), for “Subject to subsection (2),” substitute “Subject to subsections (1A) and (2),”.

(3) After subsection (1), insert—

(1A) Subsection (1)(cc) of section 329 of that Act shall not apply to—

(a) service of a building preservation notice;

(b) service of a copy of a listed building enforcement notice by a planning authority;

(c) giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or

(d) service of a listed building enforcement notice issued by the Secretary of State.

Section 9 Insertion of definitions and interpretation into the Listed Buildings Act

(1) Section 91 of the Listed Buildings Act (interpretation) is amended as follows.

(2) In subsection (1), insert the following definitions at the appropriate places—

“address”, in relation to electronic communications, means any number or address used for the purpose of such communications;

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

(3) After subsection (5), insert—

(5A) Where—

(a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and

(b) the communication is received by that person outside that person’s business hours,

it shall be taken to have been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

Section 10 Amendment of the Environment Act 1995 in relation to applications to the mineral planning authority

(1) The Environment Act 1995 is amended as follows.

(2) In Schedule 13 (review of old mineral planning permissions)—

(a) in paragraph 1 (interpretation), at the end add—

(8) Where an electronic communication is used to make an application to a mineral planning authority under any of paragraphs 6, 7 or 9 below, the applicant shall be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications, unless he gives notice in writing to the mineral planning authority in accordance with sub-paragraph (9) below; and

(b) that his address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, his application (or such other address as he may notify in writing to the mineral planning authority).

(9) An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (8).

(10) Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.

(b) in paragraph 9 (applications for approval of conditions, and appeals where conditions approved are not as proposed) in sub-paragraph (2)(d), for “an address” substitute “a postal address”.

(3) In Schedule 14 (periodic review of mineral planning permissions)—

(a) in paragraph 2 (interpretation), at the end add—

(5) Where an electronic communication is used to make an application to a mineral planning authority under paragraph 5 or 6 below, the applicant shall be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications, unless he gives notice in writing to the mineral planning authority in accordance with sub-paragraph (6) below; and

(b) that his address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, his application (or such other address as he may notify in writing to the mineral planning authority).

(6) An applicant may give notice that he is no longer to be taken to have agreed to the use of electronic communications for the purposes mentioned in paragraph (a) of sub-paragraph (5).

(7) Any such notice shall take effect from the date specified in it being not less than seven days from the date on which it is given.

(b) in paragraph 6 (application to determine conditions to which mineral permissions are to be subject) in sub-paragraph (2)(d), for “an address” substitute “a postal address”.

Section 11 Amendment of the Town and Country Planning (General Development Procedure) Order 1995

The Town and Country Planning (General Development Procedure) Order 1995 is amended in accordance with Schedule 1 to this Order.

Section 12 Amendment of certain rules relating to planning inquiries

(1) The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 are amended in accordance with Schedule 2 to this Order.

(2) The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended in accordance with Schedule 3 to this Order.

(3) The Town and Country Planning (Hearings Procedure) (England) Rules 2000 are amended in accordance with Schedule 4 to this Order.

Section 13 Amendment of order and regulations relating to planning applications

(1) The Town and Country Planning (Applications) Regulations 1988 are amended in accordance with Schedule 5 to this Order.

(2) The Town and Country Planning (General Permitted Development) Order 1995 is amended in accordance with Schedule 6 to this Order.

Section 14 Amendment of regulations relating to planning appeals

The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 are amended in accordance with Schedule 7 to this Order.

Section 15 Amendment of regulations relating to listed buildings and conservation areas

The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with Schedule 8 to this Order.

Section 16 Amendment of regulations and rules relating to enforcement appeals

(1) The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 are amended in accordance with Schedule 9 to this Order.

(2) The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 are amended in accordance with Schedule 10 to this Order.

(3) The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 are amended in accordance with Schedule 11 to this Order.

(4) The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 are amended in accordance with Schedule 12 to this Order.

(5) The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 are amended in accordance with Schedule 13 to this Order.

Section 1

In paragraph (2) of article 1 (citation, commencement and interpretation)—

(a) after the definition of “dwellinghouse”, insert the following definition—

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

(b) for the definition of the expression “by local advertisement”, substitute—

“by local advertisement” means—

by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and

where the local planning authority maintain a website for the purpose of advertisement of applications, by publication of the notice on the website;

Section 2

At the end of article 1, add—

(3) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically—

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to documents, maps, plans, drawings, certificates or other documents or to copies of such things, include references to such documents or copies of them in electronic form.

(4) Paragraphs (5) to (8) apply where an electronic communication is used by a person for the following purposes—

(a) fulfilling any requirement in this Order to give or send any application, notice or other document to any other person; or

(b) lodging an application, certificate or other document under article 20(3) with an authority mentioned in that article;

and in those paragraphs, “the recipient” means the person mentioned in sub-paragraph (a) of this paragraph, or the authority mentioned in sub-paragraph (b), as the case may be.

(5) The requirement shall not be taken to be fulfilled, or (as the case may be) the application or other document shall not be taken to have been lodged, unless the document transmitted by 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.

(6) In paragraph (5), “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.

(7) 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.

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

Section 3

In article 4 (applications for approval of reserved matters), in paragraph (c) after “required,” insert “or where the application is made using electronic communications,”.

Section 4

In article 6 (notice of applications for planning permission)—

(a) after paragraph (3) insert—

(3A) Where a local planning authority maintain a website for the purpose of advertisement of applications for planning permission, the notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) state the address of the website where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, and the place on the website where such documents may be accessed, and how they may be accessed.

(b) in paragraph (6), in the definition of “requisite notice” at the end add—

, but shall not include notice served using electronic communications.

Section 5

In article 23 (appeals), at the end add—

(5) The Secretary of State may provide, or arrange for the provision of, a website for use for such purposes as he thinks fit which—

(a) relate to appeals under section 78 of the Act and this article, and

(b) are capable of being carried out electronically.

(6) Where a person gives notice of appeal to the Secretary of State 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 notice of appeal, and

(c) that his deemed agreement under this paragraph shall subsist until he gives notice in accordance with article 27A that he wishes to revoke the agreement.

Section 6

In article 25 (register of applications)—

(a) in paragraphs (3), (4) and (5), after “photographic”, in each place where it occurs, insert “or in electronic form”;

(b) at the end insert—

(12) Where the register kept by a local planning register authority under this article is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

Section 7

After article 27 (directions) insert—

Withdrawal of consent to use of electronic communications

(27A) Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, 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 or deemed to have been 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.

Section 8

In Part 1 of Schedule 2 to the Order—

(a) in the first form of notice under article 6 of application for planning permission, and

(b) in the first form of notice under articles 6 and 9(1) of appeal,

in the italicised words in brackets following the heading, after “newspaper” in each place insert—

and, where relevant, on a website

Section 9

In Schedule 3 to the Order, in both forms of notice under article 8, in the italicised words in brackets following the heading, after “newspaper” in each place insert—

and, where relevant, on a website

Section 1

The existing provisions of rule 2 (interpretation) shall become paragraph (1) of that rule, and in that paragraph—

(a) after the definition of “document”, insert the following definition—

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

(b) in the definition of “questionnaire”, after the word “Rules” insert—

, and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the local planning authority of—

publication of the form on the website,

the address of the website, and

the place on the website where the form may be accessed, and how it may be accessed;

Section 2

After rule 2(1), add—

(2) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being carried out electronically—

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Rules impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to statements, notices, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(4) The requirement shall be taken to be fulfilled where the notice or other 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.

(5) In paragraph (4), “legible in all material respects” means that the information contained in the statement, 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.

(6) 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.

(7) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.

(8) A requirement in these Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.

Section 3

In rule 6 (receipt of statements of case etc. )—

(a) for sub-paragraph (a)(i) of paragraph (2), substitute—

(i) details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below shall be afforded (including, in any case in which the local planning authority rely on paragraph (13A), the details mentioned in that paragraph);

(b) after paragraph (13), insert—

(13A) For the purposes of the previous paragraph an opportunity is to be taken to have been afforded to a person where the person is notified of—

(a) publication on a website of the documents mentioned in that paragraph;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 4

In rule 10 (date and notification of inquiry)—

(a) after paragraph (3), insert—

(3A) A written notice shall be taken to have been given by the Secretary of State for the purposes of paragraph (3) where he and any person entitled to appear at the inquiry have agreed that notice of the matters mentioned in that paragraph may instead be accessed by that person via a website, and—

(a) the notice is a notice to which that agreement applies;

(b) the Secretary of State has published that notice on the website;

(c) not less than 4 weeks before the date fixed by the Secretary of State for the holding of the inquiry, the person is notified of—

(i) the publication of the notice on a website,

(ii) the address of the website, and

(iii) the place on the website where the notice may be accessed, and how it may be accessed.

(b) in paragraph (4), for the words “paragraph (3)” substitute “paragraphs (3) and (3A)”.

Section 5

In rule 13 (proofs of evidence), at the end add—

(8) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified of—

(a) publication of the relevant document on a website,

(b) the address of the website,

(c) the place on the website where the document may be accessed, and how it may be accessed.

Section 6

In rule 14 (statement of common ground), at the end add—

(3) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified of—

(a) publication of the statement of common ground on a website,

(b) the address of the website,

(c) the place on the website where the document may be accessed, and how it may be accessed.

Section 7

In rule 18 (notification of decision)—

(a) after paragraph (1), insert—

(1A) Notification in writing of a decision and reasons shall be taken to have been given to a person for the purposes of this rule where—

(a) the Secretary of State and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person on a website;

(b) the decision and reasons are a decision and reasons to which that agreement applies;

(c) the Secretary of State has published the decision and reasons on a website;

(d) the person is notified, in a manner for the time being agreed between him and the Secretary of State, of—

(i) the publication of the decision and reasons on a website;

(ii) the address of the website;

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.

(b) after paragraph (3), insert—

(3A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where that person is notified of—

(a) publication of the relevant documents on a website;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 8

For rule 22 (notices by post), substitute—

Sending of notices etc.

(22) Notices or documents required or authorised to be sent or supplied under these Rules may be sent or supplied—

(a) by post; or

(b) by using electronic communications to send or supply the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose.

Section 9

After rule 22, insert—

Withdrawal of consent to use of electronic communications

(22A) Where a person is no longer willing to accept the use of electronic communications for any purpose of these Rules which is capable of being effected electronically, 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.

Section 1

The existing provisions of rule 2 (interpretation) shall become paragraph (1) of that rule, and in that paragraph—

(a) after the definition of “document” insert the following definition—

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

(b) in the definition of “questionnaire” after the word “Rules” insert—

, and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the local planning authority, in a manner for the time being agreed between the Secretary of State and the authority for that purpose, of—

publication of the form on the website,

the address of the website, and

the place on the website where the form may be accessed, and how it may be accessed;

Section 2

After rule 2(1), add—

(2) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being carried out electronically—

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Rules impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to statements, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(4) 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.

(5) In paragraph (4), “legible in all material respects” means that the information contained in the 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.

(6) 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.

(7) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.

(8) A requirement in these Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.

Section 3

In rule 6 (receipt of statements of case etc.)—

(a) for sub-paragraph (a)(i) of paragraph (2), substitute—

(i) details of the time and place where the opportunity to inspect and take copies described in paragraph 13 below shall be afforded (including, in any case in which the local planning authority rely on paragraph 13A, the details mentioned in that paragraph);

(b) after paragraph (13), insert—

(13A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified of—

(a) publication on a website of the documents mentioned in that paragraph;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 4

In rule 10 (date and notification of inquiry)—

(a) after paragraph (2), insert—

(2A) A written notice shall be taken to have been given by the Secretary of State for the purposes of paragraph (2) where he and any person entitled to appear at the inquiry have agreed that notice of the matters mentioned in that paragraph may instead be accessed by that person on a website, and —

(a) the notice is a notice to which that agreement applies;

(b) the Secretary of State has published that notice on a website;

(c) not less than 4 weeks before the date fixed by the Secretary of State for the holding of the inquiry, the person is notified of—

(i) the publication of the notice on a website,

(ii) the address of the website, and

(iii) the place on the website where the notice may be accessed, and how it may be accessed.

(b) in paragraph (3), for the words “paragraph (2)” substitute “paragraphs (2) to (2A)”.

Section 5

In rule 14 (proofs of evidence), at the end add—

(8) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified, in a manner for the time being agreed between him and the local planning authority for that purpose, of—

(a) publication of the relevant document on a website,

(b) the address of the website,

(c) the place on the website where the document may be accessed, and how it may be accessed.

Section 6

In rule 15 (statement of common ground), at the end add—

(3) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified, in a manner for the time being agreed between him and the local planning authority for that purpose, of—

(a) publication of the statement of common ground on a website,

(b) the address of the website,

(c) the place on the website where the document may be accessed, and how it may be accessed.

Section 7

In rule 19 (notification of decision)—

(a) after paragraph (1), insert—

(1A) Notification in writing of a decision and reasons shall be taken to have been given to a person for the purposes of this rule where—

(a) the Secretary of State and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person via a website;

(b) the decision and reasons are a decision and reasons to which that agreement applies;

(c) the Secretary of State has published the decision and reasons on a website;

(d) the person is notified, in a manner for the time being agreed between him and the Secretary of State, of—

(i) the publication of the decision and reasons on a website;

(ii) the address of the website;

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.

(b) after paragraph (2), insert—

(2A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where that person is notified of—

(a) publication of the relevant documents on a website;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 8

For rule 23 (notices by post) substitute—

Sending of notices etc.

(23) Notices or documents required or authorised to be sent or supplied under these Rules may be sent or supplied—

(a) by post; or

(b) by using electronic communications to send or supply the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose.

Section 9

After rule 23, insert—

Withdrawal of consent to use of electronic communications

(23A) Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Rules, is capable of being carried out using such communications, he shall give notice in writing—

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

(b) revoking any agreement entered into with the Secretary of State or (as the case may be) 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.

Section 1

The existing provisions of rule 2 (interpretation) shall become paragraph (1) of that rule, and in that paragraph—

(a) before the definition of “document”, insert the following definition—

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

(b) in the definition of “questionnaire”, after the word “Rules” insert—

, and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the local planning authority of—

publication of the form on the website,

the address of the website, and

the place on the website where the form may be accessed, and how it may be accessed;

Section 2

After rule 2(1) add—

(2) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being effected electronically—

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Rules impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b) references to statements, notices, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(4) 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.

(5) In paragraph (4), “legible in all material respects” means that the information contained in the statement, 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.

(6) 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.

(7) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.

(8) A requirement in these Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.

Section 3

In rule 6 (receipt of hearing statements etc.), after paragraph (6) insert—

(6A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where the person is notified of—

(a) publication on a website of any document mentioned in sub-paragraph (a) or (b) of the previous paragraph;

(b) the address of the website;

(c) the place on the website where the document may be accessed, and how it may be accessed.

Section 4

In rule 7 (date and notification of hearing)—

(a) after paragraph (2), insert—

(2A) A written notice shall be taken to have been given by the Secretary of State for the purposes of paragraph (2) where he and any person entitled to appear at the hearing have agreed that notice of the matters mentioned in that paragraph may instead be accessed by that person via a website, and—

(a) the notice is a notice to which that agreement applies;

(b) the Secretary of State has published the notice on a website;

(c) not less than 4 weeks before the date fixed by the Secretary of State for the holding of the inquiry, the person is notified of—

(i) the publication of the notice on a website,

(ii) the address of the website, and

(iii) the place on the website where the notice may be accessed, and how it may be accessed.

(b) in paragraph (3), for the words “paragraph (2)” substitute “paragraphs (2) and (2A)”.

Section 5

Rule 15 (notification of decision—non-transferred appeals) is amended as follows—

(a) after paragraph (2), insert—

(2A) Notification in writing of a decision and reasons shall also be taken to have been given to a person for the purposes of this rule where—

(a) the Secretary of State and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person on a website;

(b) the decision and reasons are a decision and reasons to which that agreement applies;

(c) the Secretary of State has published the decision and reasons on a website;

(d) the person is notified of—

(i) the publication of the decision and reasons on a website;

(ii) the address of the website;

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.

(b) after paragraph (4), insert—

(4A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where that person is notified of—

(a) publication of the relevant documents on a website;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 6

In rule 16 (notification of decision—transferred appeals) after paragraph (3), insert—

(4A) For the purposes of the previous paragraph an opportunity shall be taken to have been afforded to a person where that person is notified of—

(a) publication of the relevant documents on a website;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.

Section 7

For rule 19 (notices by post) substitute—

Sending of notices etc.

(19) Notices or documents required or authorised to be sent or supplied under these Rules may be sent or supplied—

(a) by post; or

(b) by using electronic communications to send or supply the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose.