Part 5E+W+SApplications for orders granting development consent

Chapter 2E+W+SPre-application procedure

47Duty to consult local communityE+W+S

(1)The applicant must prepare a statement setting out how the applicant proposes to consult, about the proposed application, people living in the vicinity of the land.

(2)Before preparing the statement, the applicant must consult each local authority that is within section 43(1) about what is to be in the statement.

(3)The deadline for the receipt by the applicant of a local authority's response to consultation under subsection (2) is the end of the period of 28 days that begins with the day after the day on which the local authority receives the consultation documents.

(4)In subsection (3) “the consultation documents” means the documents supplied to the local authority by the applicant for the purpose of consulting the local authority under subsection (2).

(5)In preparing the statement, the applicant must have regard to any response to consultation under subsection (2) that is received by the applicant before the deadline imposed by subsection (3).

(6)Once the applicant has prepared the statement, the applicant [F1must—

(za)make the statement available for inspection by the public in a way that is reasonably convenient for people living in the vicinity of the land,]

(a)[F2publish,] in a newspaper circulating in the vicinity of the land[F3, a notice stating where and when the statement can be inspected], and

(b)[F4publish the statement in such manner] as may be prescribed.

(7)The applicant must carry out consultation in accordance with the proposals set out in the statement.

Textual Amendments

F1Words in s. 47(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2Word in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(i), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3Words in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4Words in s. 47(6)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 47 partly in force; s. 47 in force for certain purposes at Royal Assent see s. 241

I2S. 47 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)