UK Statutory Instrument 2015 United Kingdom

Town and Country Planning (Development Management Procedure) (England) Order 2015

What this means for your business

48 obligations
8 guides
Applies to
United Kingdom
On this page
48 compliance obligations, 8 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

48 compliance obligations under this legislation.

Notifications 18

Dispute planning application validation requirements

If the local planning authority tells you to attach certain details to your planning application and you believe those details do not meet the legal test, you can formally challenge it. You must send a notice naming the disputed items, explaining why, and asking the authority to waive the requirement. The notice has to be sent before the application’s determination period ends (or within the 7‑working‑day window just before it ends).

Any Person s.12 Mining Remediation Authority The local planning authority requires particulars or evidence that you consider do …

Ensure required publicity for planning permission applications

When you apply for planning permission, you must give the local authority a notice that will be displayed on your site for 21 days (30 days if the application includes an environmental statement) and published in a local newspaper. You also need to supply details (address, description, dates for representations, inspection information, and any environmental statement) so the authority can post them on its website. If you fail to meet these requirements the authority could refuse or delay your application.

Any Person s.15 When you submit an application for planning permission for development

Give written notice if you stop using electronic communications

If you decide you no longer want to receive or send any planning‑related information electronically, you must send a written notice to the Secretary of State or the relevant local planning authority. The notice must either withdraw the electronic address you previously gave or cancel any agreement allowing electronic use, and the change cannot take effect until at least 7 days after you send the notice.

Any Person s.46 When you no longer wish to accept electronic communications for any purpose …

Give written notice if you withdraw consent to electronic communications

If you decide you no longer want any planning‑related information to be sent to you electronically, you must inform the Secretary of State or the relevant local planning authority in writing. Your notice must either withdraw the electronic address you previously gave or cancel any agreement you have for electronic contact, and the change can only take effect at least 7 days after you send the notice.

Any Person s.46 When you no longer wish to receive electronic communications for the order

Give written notice if you withdraw consent to electronic communications

If your business has previously agreed to receive planning information electronically and you decide you no longer want that, you must send a written notice to the Secretary of State or the relevant local planning authority. The notice must state that you are withdrawing the address or revoking the agreement and set an effective date at least 7 days after the notice is sent.

Any Person s.46 Mining Remediation Authority You have previously given an address or entered an agreement to use …

Give written notice if you withdraw consent to electronic communications

If your business has agreed to receive planning‑related communications electronically and you later decide you no longer want to do so, you must send a written notice to the Secretary of State or the relevant local planning authority. The notice must either withdraw the electronic address you gave or cancel the agreement you signed, and the change can only take effect at least 7 days after the notice is sent.

Trader/Business s.46 When you no longer wish to accept electronic communications for any purpose …

Notify the authority when applying to work minerals on notified land

If the land you want to work a mineral on has been marked by the Coal Authority, Oil and Gas Authority or the Crown Estate as containing coal, gas, oil, silver or gold, the local mineral planning authority must tell those bodies that you’re applying before it decides on your planning permission. It’s a notification step that sits in the early part of the application process.

Any Person s.26 Mining Remediation Authority When an application for mineral working is made on land that has …

Notify the relevant authority before applying to win or work a mineral

If you want to win or work coal, gas, oil, silver or gold on land that the Coal Authority, Oil & Gas Authority or Crown Estate Commissioners have said contains that mineral, you must first give that body a written notice. The planning authority will not approve your application unless it tells that body that you’re applying.

Trader/Business s.26 You have given notice that the land contains coal, gas, oil, silver …

Send a deemed‑discharge notice to the local planning authority

If you have a planning condition that you want to be treated as discharged, you must wait at least six weeks after your article‑27 application (or a shorter period you have agreed in writing) and then send a deemed‑discharge notice to the local planning authority. The notice must identify the condition, confirm no appeal has been lodged, and state the date the discharge will take effect. This means you need to plan the timing of your development and keep evidence that the notice was served correctly.

Any Person s.29 When you have a planning condition and the period required under article …

Send a deemed‑discharge notice to the local planning authority

If you have a planning condition that you want to be treated as fulfilled, you must lodge a written “deemed discharge notice” with the local planning authority. You can only do this after at least six weeks (or a shorter period you have agreed in writing) from the date your application was received, and the notice must contain specific details and set a discharge date that complies with the timing rules.

Trader/Business s.29 You have a planning condition and wish it to be deemed discharged …

Send a validation dispute notice to the planning authority

If the local planning authority asks you to include certain details or evidence in your planning application and you believe those requirements do not meet the rules in article 34(6)(c), you can challenge them. You must send a written notice naming the disputed items, explaining why you think they are unnecessary, and asking the authority to waive the requirement. The authority then has to reply by the end of the determination period (or within the 7‑working‑day window explained in the law).

Any Person s.12 When the planning authority requests particulars or evidence that you consider do …

Send a waiver notice to the planning authority

If the local planning authority asks you to include certain details or evidence in your planning application and you believe those requests do not meet the statutory test, you can ask them to waive the requirement. You must send a written notice naming the items you dispute, explain why, and request the waiver. The authority must then reply by the deadline set for the application’s determination period.

Any Person s.12 When the planning authority requires particulars or evidence that you consider do …

Send validation dispute notice to planning authority

If a local planning authority asks you to include certain details or documents in your planning application and you believe those requirements do not meet the statutory test, you can formally challenge them. You do this by sending a written notice that lists the disputed items, explains why you think they are invalid, and asks the authority to waive the requirement. The authority must then reply with either a validation notice (waiving the requirement) or a non‑validation notice (maintaining it) by the deadline set out in the legislation.

Trader/Business s.12 When the authority requires particulars/evidence that the applicant believes do not meet …

Submit a complete planning application to the correct authority

When you want to apply for planning permission (under articles 5, 6 or 7), you must send your application to the right planning authority – national park, London/metropolitan, county or district – and include every document the authority requires (certificates, design‑access or fire statements, pre‑application details, any extra items listed on the authority’s website, and the fee). If any required item is missing, the authority will tell you the application is invalid.

Trader/Business s.11 When you are making a planning permission application under article 5, 6 …

Submit a deemed discharge notice to the local planning authority

If you have applied to satisfy a planning condition, you must send a written notice to the local planning authority confirming the condition is discharged. You can only send this notice after at least six weeks (or a shorter period you have agreed in writing) and it must include the application details, confirm no appeal has been made, and state when the discharge takes effect.

Any Person s.29 Six weeks have passed since the LPA received the original planning‑condition application …

Submit complete planning application to the correct authority

When you need planning permission (under article 5, 6 or 7), you must send your application to the right planning authority and include all the required documents – certificates, design‑and‑access statement, fire statement, any pre‑application consultation details and any other evidence the authority has listed. You also need to pay the prescribed fee. The authority will then acknowledge receipt as soon as reasonably practicable.

Any Person s.11 Mining Remediation Authority When making a planning application under article 5, 6 or 7

Submit deemed discharge notice to the local planning authority

If you want a planning condition to be treated as fulfilled, you must send a deemed discharge notice to the local planning authority after at least six weeks (or a shorter period you have agreed in writing). The notice must identify the condition, confirm that you have not appealed, and set a discharge date that complies with the timing rules.

Any Person s.29 Mining Remediation Authority Six weeks (or a shorter written-agreed period) have passed since your article …

Submit your planning representation within the required time limits

If you want the planning authority to consider your comments on a planning application, you must give or publish your notice within the time periods set out in the law. 21‑day windows apply for site‑display or service to an owner/tenant, 14‑day windows for newspaper or website notices, and 30‑day windows for EIA applications with an environmental statement. Missing the deadline means your representation may be ignored.

Any Person s.33 when you are required to make a notice/representation as part of a …

Other requirements 1

Provide required statement and authorisation with Crown land planning applications

If you submit a planning permission application for land owned by the Crown, you must include a statement confirming it is Crown land. If you are acting on behalf of an authority, you also need to attach a copy of the written authorisation. Failure to attach these documents may cause your application to be rejected.

Any Person s.8 When submitting a planning permission application for Crown land

Registration and licensing 1

Submit complete planning application to the correct authority

If you need planning permission under article 5, 6 or 7, you must send your application to the right planning authority (National Park, local, county or district) and include all the required certificates, statements, evidence and the fee. The authority must acknowledge receipt quickly and will tell you if your application is invalid.

Any Person s.11 When applying for planning permission under article 5, 6 or 7

Reporting and filing 28

Include consultation details with your planning application

If you are required to carry out pre‑application consultation before applying for planning permission, you must attach to your application a summary showing how you complied with the statutory consultation duties, any responses you received, and how you have considered those responses. This means you need to keep records of the consultation and prepare a brief report to submit together with your planning permission.

Any Person s.4 When pre‑application consultation is required under article 3(1)

Include Crown land statement and authorisation with planning application

If you submit a planning permission application for land owned by the Crown, you must attach a clear statement that the land is Crown land. If you are applying on behalf of someone else and have written authority to do so, you also need to include a copy of that authority. These documents must be part of your application when you submit it.

Any Person s.8 When making a planning permission application for Crown land

Include Crown land statement and authorisation with planning application

If you submit a planning permission application for land owned by the Crown, you must attach a clear statement that the request relates to Crown land. If you are applying on behalf of someone else under a written authority, you also need to provide a copy of that authorisation. Failing to do so may cause your application to be rejected.

Any Person s.8 Mining Remediation Authority When you submit a planning permission application for Crown land

Include Crown land statement and authorisation with planning application

If your business applies for planning permission on Crown land, you must attach a clear statement confirming the land is Crown land. If you are applying under a written authorisation from the relevant authority, you also need to include a copy of that authorisation with the application.

Any Person s.8 When submitting a planning permission application for Crown land

Include pre‑application consultation details with planning application

If you are required to carry out pre‑application consultation before applying for planning permission, you must attach to your application a clear summary of how you complied with the consultation requirement, any feedback you received, and how you have taken that feedback into account. This lets the planning authority see that you have considered local views before the decision is made.

Any Person s.4 Mining Remediation Authority When pre‑application consultation is required under article 3(1) and you submit a …

Provide a certificate with your planning permission application

When you submit a planning permission application, you must attach a completed certificate confirming that you have met the requirements set out in article 13. Use the form issued by the Secretary of State, or a substantially similar one. If you are relying on article 13(6), the certificate must also explain why.

Any Person s.14 Mining Remediation Authority When you make an application for planning permission

Provide a certification with your planning permission application

When you submit a planning permission application you must attach a signed certificate (using the form set by the Secretary of State) confirming that you have met the requirements of article 13. If you are relying on the special exemption in article 13(6), the certificate must also explain the relevant circumstances.

Any Person s.14 When submitting a planning permission application

Provide certificate confirming planning requirements are met

When you apply for planning permission you must attach a certificate – using the form set out by the Secretary of State – confirming that you have met the conditions set out in article 13. If you rely on the special provision in article 13(6), the certificate must also explain the circumstances that allow you to do so.

Any Person s.14 When you submit a planning permission application

Provide pre‑application consultation details with planning applications

When you submit a planning permission application, you must attach a record showing how you met the required pre‑application consultation, any replies you received, and how you have taken those replies into account. This ensures the local authority can see you have consulted properly before seeking permission.

Trader/Business s.4 If article 3(1) requires a pre‑application consultation

Provide pre‑application consultation details with planning permission

If you apply for planning permission and a pre‑application consultation is required, you must attach to your application (a) how you met the statutory consultation test, (b) any replies you received, and (c) how you have taken those replies into account. In practice this means keeping records of the consultation and summarising them for the planning authority.

Any Person s.4 When a planning permission application is made and pre‑application consultation is required …

Respond to planning consultations within 21 days

If your business receives a planning consultation (for example, a local authority asks for your comment on a proposed development), you must reply within the set time‑frame – normally 21 days, or 18 days for certain public‑service infrastructure projects. Your reply must be a substantive response – comments, support, referral to existing advice or advice of your own. Missing the deadline can delay the planning process and may affect the outcome.

Any Person s.22 Mining Remediation Authority When you are served with a prescribed planning consultation document under the …

Respond to planning consultations within the required time

If your business receives a planning consultation, you must reply within the statutory period – normally 21 days from when you receive the document (or 18 days for certain public‑service infrastructure). Your reply must be a substantive response as defined by the law (e.g. comment, approval, reference to existing advice, or advice). Failing to do so may breach a statutory duty.

Any Person s.22 When your business is served with a statutory planning consultation

Respond to planning consultations within the statutory time limit

If your business receives a planning consultation (for example, from a local authority about a proposed development), you must reply within the set period – normally 21 days, or 18 days for certain public‑service infrastructure projects. Your reply must be substantive, i.e. either state you have no comment, that you are happy with the proposal, refer to existing advice, or give new advice.

Any Person s.22 When you are served with a planning consultation under the prescribed articles …

Respond to prescribed planning consultations within the set time‑limit

If your business receives a consultation document that is prescribed under the DMPO 2015 (for example, under articles 18, 19, 20, 24, etc.), you must reply with a substantive response. The reply must be sent within 21 days of receiving the document (18 days for public‑service infrastructure projects) unless you have agreed a different written period.

Any Person s.22 When you receive a prescribed consultation document under the DMPO 2015

Submit a certificate confirming planning notice requirements

When you lodge a planning permission application, you must include a signed certificate – using the form issued by the Secretary of State – stating that you have met the notice requirements set out in article 13. If you are relying on the exemption in article 13(6), the certificate must also explain the reason for that reliance.

Any Person s.14 When you submit a planning permission application

Submit annual compliance report on consultation responses

If your business is required to respond to planning consultations, you must each year send a report to the Secretary of State by 1 July. The report must show how many times you were consulted, how many on‑time substantive replies you gave (both to local planning authorities and others), and why any replies were late, covering the previous April‑March period.

Any Person s.23 When your business is a consultee with a duty to respond to …

Submit annual report on consultation responses

If your business is required to reply to planning consultations, you must send a yearly report to the Secretary of State by 1 July each year. The report covers the previous 12‑month period (1 April to 31 March) and must list how many times you were consulted, how many substantive replies you gave on time, and why any replies were late.

Any Person s.23 Mining Remediation Authority You are a consultee who has a statutory duty to respond to …

Submit annual report on consultation responses

If your business is a consultee that has a statutory duty to reply to planning consultations, you must each year send a report to the Secretary of State. The report, due by 1 July, must cover the previous April‑March period and detail how many times you were consulted, how many timely substantive replies you gave, and why any replies were late.

Any Person s.23 If your business is a consultee with a duty to respond to …

Submit annual report on consultation responses

If your business is required to reply to planning consultations, you must send an annual report to the Secretary of State by 1 July each year. The report covers the previous financial year (1 April‑31 March) and must detail how many times you were consulted, how often you responded on time, and why any responses were late.

Any Person s.23 You are a consultee who is under a duty to respond to …

Submit a written biodiversity gain plan after planning permission is granted

If your business is applying for planning permission and you need a biodiversity gain plan, you must prepare that plan in writing and send it to the planning authority. You can only submit the plan from the day after you are formally notified that planning permission has been granted.

Trader/Business Form and timing of submission When you receive formal notification that planning permission has been granted

Submit biodiversity gain plan in writing after planning permission is granted

When you receive formal notice that planning permission has been granted, you must send a written biodiversity gain plan to the planning authority. You can only submit it from the day after the decision is notified, not before.

Any Person Form and timing of submission After formal notification that planning permission has been granted

Submit complete planning application to the correct authority

When you need planning permission (under article 5, 6 or 7), you must send your application to the right planning authority and include all the required documents – certificates, design and access statements, fire statements, any pre‑application consultation details and the correct fee. The application must be complete and lodged before you start the development.

Trader/Business s.11 When you apply for planning permission under article 5, 6 or 7

Submit complete written application for reserved matters

When you need to seek approval for the detailed parts of a planning project (reserved matters) you must send a written application to the local planning authority. The application must clearly identify the original outline permission, include all required details, plans and drawings, and (unless you use electronic submission) be sent in three copies.

Trader/Business s.6 When you are applying for approval of reserved matters under an outline …

Submit complete written application for reserved matters

If you need to get approval for the detailed parts of an outline planning permission (known as ‘reserved matters’), you must send a written application to the local planning authority. The application must contain enough information to identify the original outline permission, all required details, plans and drawings, and you normally need to provide three hard‑copy sets unless the authority says otherwise or you use electronic submission.

Any Person s.6 When applying for approval of reserved matters under an outline planning permission

Submit written application for approval of reserved matters

If you have an outline planning permission and want to develop the details (the reserved matters), you must put a written application to your local planning authority. The application must clearly identify the outline permission, contain all required information, plans and drawings, and be sent with three printed copies unless you submit it electronically or the authority says fewer copies are enough.

Any Person s.6 When you need to obtain approval for reserved matters after receiving outline …

Submit written application for reserved matters with required copies

When you need approval for the details left out of an outline planning permission, you must send a written application to the local planning authority. The application must identify the original outline permission, include all necessary plans and drawings for the reserved matters, and normally be supplied in three copies (unless the authority says fewer are needed or you submit electronically).

Any Person s.6 Mining Remediation Authority When applying for approval of reserved matters under an outline planning permission

Submit written biodiversity gain plan after planning permission

If your business is granted planning permission for a major development, you must provide the planning authority with a biodiversity gain plan in writing. You can only submit this plan on the day after you receive formal notification that permission has been granted.

Any Person Form and timing of submission When you receive formal notification that planning permission has been granted

Submit written biodiversity gain plan after planning permission is granted

When your development receives planning permission, you must provide a written biodiversity gain plan to the planning authority. The plan can only be sent from the day after the decision is formally notified, not earlier.

Any Person Form and timing of submission Mining Remediation Authority After a formal decision to grant planning permission has been notified

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

64 classified provisions from this legislation.

Duties 26

  • s.4 Particulars of pre-application consultation responses
  • s.6 Applications for approval of reserved matters
  • s.8 Applications in respect of Crown land
  • s.11 General provisions relating to applications
  • s.12 Validation dispute the local planning authority
  • s.14 Certificates in relation to notice of applications for planning permission
  • s.15 Publicity for applications for planning permission representations about the application
  • s.16 Publicity for applications for planning permission within 10 metres of relevant railway land
  • s.17 Notice of reference of applications to the Secretary of State application
  • s.20 Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit
  • s.22 Duty to respond to consultation
  • s.23 Duty to respond to consultation: annual reports
  • s.24 Recommendations by district planning authority before determination of county matters application such application is referred
  • s.25 Representations by parish council before determination of application representations
  • s.26 Notification of mineral applications application for planning permission
  • s.29 Deemed discharge notice
  • s.33 Representations to be taken into account
  • s.40 Register of applications and biodiversity gain plans local planning register authority
  • s.41 Register of local development orders
  • s.42 Register of neighbourhood development orders
  • ... and 6 more duties

Powers 7

  • s.5 Applications for outline planning permission
  • s.10 Applications for non-material changes to planning permission
  • s.31 Directions by the Secretary of State
  • s.32 Development not in accordance with the development plan
  • s.34 Time periods for decisions
  • s.45 Directions
  • Appeals Appeals

Definitions 5

  • s.2 Interpretation the 1990 Act the 2004 Act site
  • s.38 Local development orders
  • s.47 Revocations, transitional provisions and savings
  • Fire Statements Fire Statements educational accommodation higher education course 16 to 19 Academy
  • Meaning of biodiversity gain hierarchy Meaning of biodiversity gain hierarchy biodiversity gain hierarchy

Exemptions 11

  • s.3 Consultation before applying for planning permission
  • s.7 General requirements: applications for planning permission including outline planning permission
  • s.9 Design and access statements
  • s.18 Consultations before the grant of permission
  • s.27 Applications made under a planning condition
  • s.30 Exemptions
  • s.37 Appeals
  • s.44 Development to include certain internal operations
  • Additional content of plan Additional content of plan
  • Determination Determination
  • Schedule 6 Deemed discharge: exemptions