Regulation 10 Duty to consult

England, Wales and Scotland

(1)

Subject to paragraph (2), the applicant must consult the following about a proposed application—

F1(a)

each person who may be directly affected by the changes proposed in the application;

(b)

each person who has the benefit of the development consent order to which the application relates, unless that person is also the applicant;

(c)

any other person or authority who does not fall within paragraph (a) and is—

(i)

listed in column 1 of the table in Schedule 1 to these Regulations, who must be consulted in the circumstances specified in relation to each such person in column 2 of that table;

(ii)

an authority which, in relation to the proposed application, is a relevant local authority;

(iii)

a person who is within one or more of the categories set out in section F257;

(d)

the Greater London Authority if the land to which the proposed application relates, or any part of it, is in Greater London;

(e)

the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; and

(f)

any other person the F3Secretary of State considers should be consulted.

F4(2)

The applicant need not consult a person or authority listed above if they have obtained the written consent of the Secretary of State.

(3)

If the Secretary of State exercises its discretion under paragraph (2) it must publish its reasons for doing so on its website.

Annotations

Textual amendments

F1: Reg. 10(1)(a) substituted (14.7.2015) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(1)(a) (with reg. 8)
F2: Word in reg. 10(1)(c)(iii) substituted (24.7.2026) by The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/735), regs. 1(2), 3(3)
F3: Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)
F4: Reg. 10(2) substituted (14.7.2015) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(1)(b) (with reg. 8)