[F261WF1[F3England: requirement] to carry out pre-application consultationE+W
(1)Where—
(a)a person proposes to make an application for planning permission[F4, or permission in principle,] for the development of any land in England, and
(b)the proposed development is of a description specified in a development order,
the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).
(2)The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.
(3)The person must consult each specified person about the proposed application.
(4)Publicity under subsection (2) must—
(a)set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and
(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.
(5)In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.
(6)Subsection (1) does not apply—
(a)if the proposed application is an application under section 293A, or
(b)in cases specified in a development order.
(7)A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.]
Textual Amendments
F1Words in s. 61W cross-heading substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(5), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)
F2Ss. 61W-61Y and cross-heading inserted (temp.) (15.11.2011 for specified purposes, 17.12.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 122(1), 240(5)(l) (with ss. 122(3), 144); S.I. 2013/2931, art. 2 (This amendment is extended (21.10.2020) and now ceases to have effect on 15.12.2025 by virtue of The Town and Country Planning (Pre-application Consultation) Order 2020 (S.I. 2020/1051), arts. 1, 2)
F3Words in s. 61W title substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 17(4), 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a) (with art. 6)
F4Words in s. 61W(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 4; S.I. 2016/733, reg. 3(d)
Modifications etc. (not altering text)
C1S. 61W applied (with modifications) by S.I. 2017/402, art. 5C (as inserted (E.) (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 4)