(1) This Order may be cited as the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 and comes into force on 1 January 2005.
(2) This Order applies to land in Wales.
SourceS.I. 2004/3156 (W.)
The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W.))
Section 8 of the Electronic Communications Act 2000 (“the 2000 Act”) empowers the appropriate Minister (as defined in section 9 of that Act), by Order, to modify any enactment or subordinate legislation for the purpose of authorising or facilitating the use of electronic communications.
Data synced
In this Order—
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the Planning Act” means the Town and Country Planning Act 1990 ; and
references to the “Secretary of State” are to be read, in relation to land in Wales, as references to the National Assembly for Wales.
In section 174(3) of the Planning Act (appeal against enforcement notice), 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.
(1) Section 329 of the Planning 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.
In the following provisions of the Planning 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”.
(1) Section 336 of the Planning 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.
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.
(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.
(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.
art 10Amendment of the Environment Act 1995 in relation to applications to the mineral planning authorityOpen ↗
(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 in cases where the conditions approved are not those 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”.
The Town and Country Planning (General Development Procedure) Order 1995 is amended in accordance with Schedule 1 to this Order.
(1) The Town and Country Planning (Applications) Regulations 1988 are amended in accordance with Schedule 2 to this Order.
(2) The Town and Country Planning (General Permitted Development) Order 1995 is amended in accordance with Schedule 3 to this Order.
The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with Schedule 4 to this Order.
Reference in the National Assembly for Wales (Transfer of Functions) Order 1999 and the National Assembly for Wales (Transfer of Functions) Order 2000 to an enactment amended by this Order is to be taken as a reference to that enactment as so amended.
Schedules
SCHEDULE 1 — Amendment of the Town and Country Planning (General Development Procedure) Order 1995
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;
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 effected 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.
In article 4 (applications for approval of reserved matters), in paragraph (c) after “required,”, insert “or where the application is made using electronic communications,”.
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.
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 effected 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.
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.
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.
In Part 1 of Schedule 2 to the Order—
(a) in the 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
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
SCHEDULE 2 — Amendment of the Town and Country Planning (Applications) Regulations 1988
In regulation 2 (interpretation), insert the following definitions at the appropriate places—
“address”, in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically, means any number or address used for the purpose of such communications;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;
In regulation 3 (applications for planning permission), for paragraph (a), substitute—
(a) be made—
(i) on a form provided by the local planning authority; or
(ii) where the local planning authority has consented to applications being so made, on a form published electronically by the Secretary of State and provided by him to the applicant using electronic communications for that purpose.
After regulation 4 (directions by the local planning authority), add—
Use of electronic communications
(5)
(1) Where an application is made using electronic communications to transmit a form to the local planning authority—
(a) paragraph (1)(c) of regulation 3 shall not apply;
(b) references in these Regulations to forms, plans and drawings include references to such things in electronic form; and
(c) the applicant shall be taken to have agreed—
(i) to the use of such communications by the local planning authority for the purpose of giving directions to him under regulation 4;
(ii) that his address for that purpose is the address incorporated into, or otherwise logically associated with, his application; and
(iii) that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall be final and shall take effect on a date specified by the applicant but not less than seven days after the date on which the notice is given).
SCHEDULE 3 — Amendment of the Town and Country Planning (General Permitted Development) Order 1995
In article 1 (citation, commencement and interpretation), in paragraph (2), 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 ;
At the end of article 1, add—
(7) Paragraphs (8) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order or in any Schedule to this Order to give or send any statement, notice or other document to any other person (“the recipient”).
(8) 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.
(9) In paragraph (8), “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.
(10) 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.
(11) A requirement in this Order or in any Schedule to this Order that any document should be in writing is fulfilled where that document meets the criteria in paragraph (8), and “written” and cognate expressions are to be construed accordingly.
(12) References in this Order or in any Schedule to this Order to plans, drawings, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
In article 3 (permitted development), at the end, add—
(13) Where a person uses electronic communications for making any application required to be made under any of Parts 6, 7, 22, 23, 24, 30 or 31 of Schedule 2, that person 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;
(b) that his address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, his application; and
(c) that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall be final and shall take effect on a date specified by him but not less than seven days after the date on which the notice is given).
SCHEDULE 4 — Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
Renumber regulation 2 (interpretation) as regulation 2(1) and, at the end of that paragraph, add—
and “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
(2) In these Regulations, in relation to the use of electronic communications for any purpose of these Regulations 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 Regulations 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 forms, plans, notices and other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
(3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any form, plan, notice or other document to any other person (“the recipient”).
(4) The requirement shall be taken to be fulfilled where the form, plan, 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 and the purposes of paragraph (3) of regulation 8A, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
(7) A requirement in these Regulations 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.
After regulation 8 (appeals), insert—
Use of electronic communications
(8A)
(1) Paragraphs (2) and (3) of this regulation apply where an electronic communication is used for the purpose of making an application—
(a) under regulation 3, for listed building consent or conservation area consent, or
(b) under regulation 4, for the variation or discharge of conditions attached to a listed building consent or conservation area consent.
(2) Paragraph (1) of regulation 3 or (as the case may be) of regulation 4 shall apply as if for the words “two further copies of the form,” there were substituted the words “any related”.
(3) The reference in paragraph (4) of regulation 3 to the date when the form and certificate were lodged with the local planning authority shall be construed as a reference to the date when the form and certificate are transmitted to the authority by means of the electronic communication; but where the communication is received outside the authority’s business hours, it shall be taken to have been received on the authority’s next working day.
(4) Where a local planning authority maintain a website for the purpose of advertisement of applications, regulation 5 applies with the modifications in paragraph (5) of this regulation.
(5) In regulation 5—
(a) for sub-paragraph (a) of paragraph (1), substitute—
(a) publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and—
(i) naming a place within the locality 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 the period of 21 days beginning with the date of publication of the notice; and
(ii) stating the address of a 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 during the period of 21 days beginning with the date of publication of the notice, and the place on the website where such documents may be accessed, and how they may be accessed; and
(b) in paragraph (2), omit “both of” in both places in which it occurs, and in sub-paragraph (a) after “sub-paragraph (a)” insert “(i) or (ii)”.
(6) Paragraph (7) of this regulation applies where a person uses electronic communications for any of the following purposes—
(a) making an application under regulation 3, for listed building consent or conservation area consent;
(b) making an application under regulation 4, for the variation or discharge of conditions attached to a listed building consent or conservation area consent;
(c) giving notice of appeal to the Secretary of State under regulation 8;
(d) making a claim under regulation 9 for compensation, or serving a listed building purchase notice under that regulation.
(7) In a case to which this paragraph applies, and except where a contrary intention appears, the person making the application or claim or giving or serving the notice shall be taken to have agreed—
(a) to the use of electronic communications for all purposes relating to his application, appeal, claim or notice (as the case may be) which are capable of being effected using such communications;
(b) that his address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, his application, claim or notice;
(c) that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall take effect on a date specified by him but not less than seven days after the date on which the notice is given).
Cite this legislation
- Official citation
- S.I. 2004/3156 (W.)
- Source
- legislation.gov.uk
- Data synced
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- OGL-3 ↗
The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2004-3156
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
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