Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 20102

1

The Town and Country Planning (Development Management Procedure) (England) Order 20103 is amended as follows.

2

After Part 1 (preliminary) insert—

PART 1APre-application consultation

Consultation before applying for planning permission3A

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 consultation3B

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;

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;