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SCHEDULE 2E+WPermitted development rights

PART 19E+WDevelopment by the Crown or for national security purposes

[F1Class TA – development by the Crown on a closed defence siteE+W

Procedure for prior consultation under Class TAE+W

TA.3.(1) Where a developer is required to carry out prior consultation under paragraph TA.2(1)(c), the developer must consult the Environment Agency as to the flood risks of the proposed development.

(2) The developer must notify the Environment Agency specifying the date by which they must respond (not being less than 21 days from the date the notice is given) (“the closing date”).

(3) The development must not begin—

(a)before the occurrence of one of the following—

(i)the receipt by the developer of responses to the consultation required by this paragraph, or

(ii)the day after the closing date.

(b)in any event, before the developer takes into account any representations received on or before the closing date as a result of consultation under this paragraph.

(4) Where the developer receives representations on or before the closing date as a result of consultation under this paragraph, the developer must as soon as reasonably practicable send to the local planning authority—

(a)a copy of the representations, and

(b)a statement explaining how the developer has taken the representations into account.]