The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2010

2.—(1) The Town and Country Planning (Development Management Procedure) (England) Order 2010(1) is amended as follows.

(2) After Part 1 (preliminary) insert—

“PART 1A Pre-application consultation

Consultation before applying for planning permission

3A.— (1) Subject to paragraph (2), for the purposes of section 61W of the 1990 Act (requirement to carry out pre-application consultation) a person must carry out consultation on a proposed application for planning permission for any development involving an installation for the harnessing of wind power for energy production where—

(a) the development involves the installation of more than 2 turbines; or

(b) the hub height of any turbine exceeds 15 metres.

(2) Paragraph (1) does not apply to—

(a) applications made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached); or

(b) applications of the description contained in article 18(1)(b) or (1)(c) (consultations before the grant of a replacement planning permission subject to a new time limit).

Particulars of pre-application consultation

3B.   Where consultation is required in accordance with article 3A, an application for planning permission must be accompanied by particulars of—

(a) how the applicant complied with section 61W(1) of the 1990 Act;

(b) any responses to the consultation that were received by the applicant; and

(c) the account taken of those responses.”.

(3) In article 10 (general provisions relating to applications), in paragraph (2) after sub-paragraph (c) insert—

“(cc) in a case where pre-application consultation is required in accordance with article 3A, the particulars in article 3B;”.

(4) In article 29 (time periods for decision)—

(a) in paragraph (3) after sub-paragraph (c) insert—

“(cc) in a case where pre-application consultation is required in accordance with article 3A, the particulars specified in article 3B;”; and

(b) in paragraph (3A) after sub-paragraph (c) insert—

“(cc) in a case where pre-application consultation is required in accordance with article 3A, the particulars referred to in article 3B;”.

(1)

S.I. 2010/2184 (“the 2010 Order”). Article 29(3A) was inserted into the 2010 Order by S.I. 2013/1238. There are other amendments to the 2010 Order none of which are relevant to this Order.