The Developments of National Significance (Wales) Regulations 2016

Duty to provide pre-application services: local planning authorities E+W

7.—(1) Where a local planning authority receive a valid request for pre-application services, the authority must provide the pre-application services specified in paragraph (2) within the period specified or referred to in paragraph (3).

(2) The pre-application services specified in this paragraph are the provision to the applicant of information in relation to the following—

(a) the planning history of the land on which the proposed development is to be carried out, so far as relevant to the proposed application;

(b) the provisions of the development plan, so far as material to the proposed application;

(c) any supplementary planning guidance, so far as material to the proposed application;

(d) any other considerations which are or could be material in the opinion of the authority;

(e) whether planning obligations (within the meaning of section 106 of the 1990 Act (planning obligations)(1)) are likely to be required and, if so, an indication of the likely scope of such planning obligations, including an indication of any sum which may be required to be paid to the authority; and

(f) any relevant local community groups known to the authority which could be consulted by the applicant as part of pre-application consultation.

(3) The period specified in this paragraph is—

(a) 28 days beginning with the day on which a valid request for pre-application services is received, or such other period as may be agreed in writing between the applicant and the authority; or

(b) where the fee required in respect of a request for pre-application services has been paid by a cheque which is subsequently dishonoured, the period specified in sub-paragraph (a) calculated disregarding the period between the date when the authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied they have received the full amount of the fee.

(4) Any information given to the applicant must be given in writing.

Commencement Information

I1 Reg. 7 in force at 1.3.2016, see reg. 1(2)

(1)

Section 106 was substituted by section 12(1) of the Planning and Compensation Act 1991 (c. 31) and amended by section 174(2) of the Planning Act 2008 (c. 29) and section 7 of, and paragraph 3 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27).