This is a statutory instrument (SI 2015/595) that sets out how planning applications must be processed in England. It includes rules about validation, publicity, consultation, and decision-making.
🔸 Relevant points about publicising an application:
Under Article 15 of this Order, local planning authorities (LPAs) — like your council — must publicise planning applications in one or more of the following ways depending on the type of development:
a) For most applications (e.g., minor/household):
- Site notice displayed for at least 21 days, or
- Neighbour notification letter to adjoining owners/occupiers.
b) For major developments or those affecting listed buildings or conservation areas:
- Newspaper advertisement in a local paper and
- Site notice.
The goal is to give the public the opportunity to view, comment on, or object to the application within a statutory 21-day period.
🔸 Council’s Broader Responsibilities Regarding Public Consultation
While the 2015 Order sets the minimum legal baseline, councils can go beyond that in their Statement of Community Involvement (SCI). This is a document every LPA must produce under the Planning and Compulsory Purchase Act 2004.
✳ The council’s responsibilities include:
- Notifying affected residents in a clear and timely manner.
- Making application documents easily accessible online and in physical offices (if applicable).
- Ensuring consultations are inclusive, especially for developments likely to cause significant local impact.
- Providing transparent records of consultation outcomes and how they influenced decisions.
🔸 Examples of Failures (that can be challenged):
- Failure to post a site notice or notify nearby residents.
- Inadequate or missing newspaper adverts (where required).
- Not waiting the full 21-day period before deciding.
- Refusing to accept late comments even when no decision has been made yet.
- Making application documents difficult to access.
- Ignoring material objections without addressing them.
🔹 Important Extras:
- Developers themselves may carry out informal consultation before submitting an application — but this is separate from the council’s duties.
- The Localism Act 2011 encourages early engagement with communities, but it’s not legally binding unless incorporated into policy.
✅ Summary:
- Councils must follow Article 15 of the 2015 Order: publish notices/site notices/neighbour letters depending on the case.
- The public must get 21 days to comment.
- Councils have a broader duty to ensure meaningful consultation — especially for major or controversial applications — and this should be detailed in their Statement of Community Involvement.
- Inadequate consultation or failure to follow publicity rules can be a ground for Judicial Review.