Planning and Development Act 2024

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Application for permission for standard development

95. (1) Before making an application for permission for standard development, the applicant shall, in addition to complying with paragraph (d) of subsection (1) of section 216 and subsection (3) of section 234 (where applicable), comply with such public notice requirements as may be prescribed.

(2) An application for permission for standard development shall be in such form, and be accompanied by such documentation, as may be prescribed.

(3) Where a planning authority receives an application for permission for large-scale residential development it shall, as soon as may be thereafter—

(a) make the application available for inspection by the elected members of the planning authority, and

(b) notify the elected members of the planning authority of—

(i) the making of the application,

(ii) the place where the application is so available, and

(iii) such other matters in relation to the application as may be prescribed.

(4) Within such period as may be prescribed after the receipt of an application under this section by a planning authority, the planning authority shall, if it is satisfied that the application was made in accordance with this section, section 89 (where applicable) and such regulations as are made for the purposes of this section, by notice in writing to the applicant—

(a) acknowledge receipt of the application, and

(b) confirm the date of receipt of the application.

(5) Subject to subsection (7), an application that is not in accordance with this section, section 89 (where applicable) or such regulations as are made for the purposes of this section shall be invalid.

(6) Following receipt by a planning authority of an application under this section for permission for land-based development, the planning authority shall, before the expiration of such period as may be prescribed, cause an inspection of the land on which it is proposed to carry out the development concerned to be carried out.

(7) Where the planning authority determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of a planning application under paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98 , that the application was not made in accordance with this section, section 89 (where applicable) or regulations made for the purposes of this section, then—

(a) if it is satisfied that the failure to make the application in accordance with those enactments—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and

(ii) has not otherwise materially affected the ability of the planning authority to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application,

it shall treat the application as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the application as invalid and declare it to be so.

(8) (a) Notwithstanding subsection (7), where, any time after the acknowledgment of receipt of a planning application in accordance with paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98 , the planning authority determines that—

(i) the development the subject of the application is not standard development, or

(ii) the applicant was not entitled to make the application in accordance with subsection (1) of section 89 or did not comply with subsection (2) of that section before making the application,

it shall declare the application invalid.

(b) Where, following a screening for appropriate assessment under section 212 , a planning authority makes a determination under that section, in relation to an application for retention permission, that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, it shall declare the application to be invalid.

(c) Where, following a screening for environmental impact assessment under section 229 , a planning authority makes a determination under that section in relation to an application for retention permission that an environmental impact assessment is required, it shall declare the application to be invalid.

(d) Where a planning authority declares an application invalid under this subsection, it shall, as soon as may be, inform the applicant by notice in writing that an application for permission for the proposed development cannot be made to the planning authority under this Chapter and specifying the Chapter of this Part, if any, under which an application for permission for the proposed development may be made.

(e) Paragraph (d) is in addition to, and not in substitution for, section 172 .

(9) The planning authority shall enter particulars of every application under this section in the register.