Planning Act 2008

42 Duty to consult E+W+S

[F1 (1)] The applicant must consult the following about the proposed application—

(a) such persons as may be prescribed,

[F2 (aa) the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),]

(b) each local authority that is within section 43,

(c) the Greater London Authority if the land is in Greater London, and

(d) each person who is within one or more of the categories set out in section 44.

[F3 (2) The areas are—

(a) waters in or adjacent to England up to the seaward limits of the territorial sea;

(b) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

Textual Amendments

F1 S. 42(1): s. 42 renumbered as s. 42(1) (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F2 S. 42(1)(aa) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F3 S. 42(2) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(c), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

Commencement Information

I1 S. 42 partly in force; s. 42 in force for certain purposes at Royal Assent see s. 241

I2 S. 42 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)