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Regulation 77 application

Any permission granted by the General Permitted Development Order (GDPO) that is likely to have a significant effect on protected sites (SPA) must not commence until the developer has received written notification of the approval of the local planning authority under these regulations. Such written notification takes the form of a Regulation 77 application.

When you need a Regulation 77 application

Your prior approval decision notice should state whether a Regulation 77 application is required, and what mitigation is required and how it should be secured. However, within Bournemouth, Christchurch and Poole all development granted by the GPDO that results in the net gain of residential accommodation will require this.

How to submit a Regulation 77 application

To submit an application, send an email to planning@bcpcouncil.gov.uk with the subject 'Regulation 77 application' and include the following:

  • completed Regulation 77 application form
  • completed draft fast track unilateral undertaking (For New Forest/ Dorset Heathlands/Poole Harbour recreational impacts)
  • the appropriate nutrient neutrality statement and calculator (if required)
  • a response to your proposal from the nature conservation body (Natural England), if actioned by the developer prior to submission

To speed up the determination process, particularly when there is a need to purchase credits, you may wish to consult with Natural England regarding the acceptability of your mitigation prior to submission.

What happens next

When we have received your application, we will contact you to take payment of the £30 fee.

Once your application is validated, we will send a copy of it to Natural England for their comment.

If provided, the officer will instruct legal to review any legal agreements, and review any submitted nutrient neutrality statement and calculator.

The officer will contact if you if any additional information is required. Credits must be purchased before a favourable decision can be issued.

The application should take 8 weeks to determine, however, this is dependent on whether any legal agreements are required and the time taken for the Natural England to respond. The officer will communicate with you to whether additional time is required.

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