2013 No. 2932
The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 59, 61W, 62, and 76C of the Town and Country Planning Act 19901, makes the following Order:
Citation, commencement, expiry and application1
1
This Order may be cited as the Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013 and shall come into force on 17th December 2013.
2
This Order ceases to have effect on the date on which the amendments made to the Town and Country Planning Act 1990 by section 122(1) and (2) of the Localism Act 20112 cease to have effect.
3
This Order applies in relation to England only.
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;
Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 20133
1
The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 20134 is amended as follows.
2
After Part 1 (preliminary) insert—
PART 1APre-application consultation
Consultation before applying for planning permission3A
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 relevant 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.
Particulars of pre application consultation3B
Where consultation is required in accordance with article 3A, a relevant 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 8 (general provisions in relation to applications) in paragraph (1) after sub-paragraph (b) insert—
bb
in a case where pre-application consultation is required in accordance with article 3A, the particulars in article 3B;
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Order)