OpenLegislation

Section 46 Duty to notify Secretary of State and others of proposed applicationF4F5I1

England, Wales and Scotland

F1(1)

The applicant must supply to the Secretary of State—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1A)

The applicant must supply to each host local authority—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1B)

In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1C)

The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows—

(a)

the applicant’s name and address,

(b)

a statement that the applicant intends to apply for an order granting development consent,

(c)

a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and

(d)

a summary of the proposed application, specifying the location or route of the proposed development.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3)

A local authority is a “host local authority” if the land is in the authority’s area.

(4)

In this section “local authority” means—

(a)

a county council, or district council, in England;

(b)

a London borough council;

(c)

the Common Council of the City of London;

(d)

the Council of the Isles of Scilly;

(e)

a county council, or county borough council, in Wales;

(f)

a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(g)

a National Park authority;

(h)

the Broads Authority.

(5)

The areas referred to in subsection (1B) are—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

Annotations

Textual amendments

F1

S. 46(1)-(1C) substituted for s. 46(1) (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 6(5)(a), 118(1)(c) (with s. 116); S.I. 2026/641, reg. 3(c) (with reg. 6)

F2

S. 46(2) omitted (24.7.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 6(5)(b), 118(1)(c) (with s. 116); S.I. 2026/641, reg. 3(c) (with reg. 6)

F3

S. 46(3)-(5) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 6(5)(c), 118(1)(c) (with s. 116); S.I. 2026/641, reg. 3(c) (with reg. 6)

F4

Words in s. 46 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 8(3); S.I. 2012/628, art. 7(a)

F5

Words in s. 46 heading inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 6(5)(d), 118(1)(c) (with s. 116); S.I. 2026/641, reg. 3(c) (with reg. 6)

Commencement

I1

S. 46 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)