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Planning Act 2008

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Changes over time for: Section 49

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Point in time view as at 18/06/2013.

Changes to legislation:

Planning Act 2008, Section 49 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

49Duty to take account of responses to consultation and publicityE+W+S

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(1)Subsection (2) applies where the applicant—

(a)has complied with sections 42, 47 and 48, and

(b)proposes to go ahead with making an application for an order granting development consent (whether or not in the same terms as the proposed application).

(2)The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.

(3)In subsection (2) “relevant response” means—

(a)a response from a person consulted under section 42 that is received by the applicant before the deadline imposed by section 45 in that person's case,

(b)a response to consultation under section 47(7) that is received by the applicant before any applicable deadline imposed in accordance with the statement prepared under section 47, or

(c)a response to publicity under section 48 that is received by the applicant before the deadline imposed in accordance with section 48(2) in relation to that publicity.

Commencement Information

I1S. 49 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

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