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;