Appendix 1 S.I. 2004/1231: memorandum
from the Office of the Deputy Prime Minister
Town and Country Planning (London Borough of Camden)
Special Development Order 2004 (S.I. 2004/1231)
1. The Committee has requested a memorandum on the
following point:
Article 4 modifies paragraphs (2) to (5) of article
8 of the 1995 Order. Why was paragraph (6) not also modified?
2. Paragraph (6) of article 8 of the Town and Country
Planning (General Development Procedure) Order 1995 (S.I. 1995/419)
("the 1995 Order") deals with the consequences of the
removal, obstruction or defacement of site notices publicising
a planning application. Site notices are required to be in place
for a period of 21 days from the date of first publication. Paragraph
(6) provides that if a notice is removed, obscured or defaced
within this period through no fault of the authority it will be
treated as having complied with this requirement provided it has
taken reasonable steps for the protection of the notice and, if
need be, its replacement.
3. The date of first publication is defined by reference
to the provisions requiring the notice to be given. The relevant
provisions in the 1995 Order are paragraphs (3)(a), (4)(a)(i)
and (5)(a) of article 8. The corresponding provisions of article
8, as substituted by article 4 of the Town and Country Planning
(London Borough of Camden) Special Development Order 2004 ("the
Special Development Order") in relation to land within the
London Borough of Camden, are paragraphs (3)(a), (3A)(a), (4)(a)
and (5)(a).
4. The Office of the Deputy Prime Minister accepts
that paragraph (6) of article 8 of the 1995 Order should have
been modified to include the references to paragraphs (3A)(a)
and (4)(a) to reflect the changes made by the Special Development
Order. This error is due to an oversight for which the Office
apologises. An amendment to this instrument will be issued shortly
to correct the references. The amending instrument will be issued
free of charge.
1st June 2004
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