[F1[F2England: consultation] before applying for planning permissionE+W
Textual Amendments
F1Ss. 61W-61Y and cross-heading inserted (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
F2Words 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)
61WF2[F3England: requirement] to carry out pre-application consultationE+W
(1)Where—
(a)a person proposes to make an application for planning permission 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
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)
61XDuty to take account of responses to consultationE+W
(1)Subsection (2) applies where a person—
(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and
(b)proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application).
(2)The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.
61YPower to make supplementary provisionE+W
(1)A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission.
(2)The provision that may be made under subsection (1) includes (in particular)—
(a)provision about, or in connection with, publicising the proposed application;
(b)provision about, or in connection with, the ways of responding to the publicity;
(c)provision about, or in connection with, consultation under section 61W(3);
(d)provision about, or in connection with, collaboration between the person and others on the design of the proposed development;
(e)provision as to the timetable (including deadlines) for—
(i)compliance with section 61W(1),
(ii)responding to publicity under section 61W(2), or
(iii)responding to consultation under section 61W(3);
(f)provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);
(g)provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).
(3)Provision under subsection (1) may be different for different cases.]