Paragraph 7 F1

England and Wales

(1)

A local planning authority must not determine an application for planning permission F2or permission in principle to which the consultation requirements apply unless it complies with sub-paragraph (7).

(2)

The consultation requirements are—

F3(a)

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

(b)

consultation by a district planning authority with the county planning authority for their area if the development is one to which sub-paragraph (4) applies.

F4(3)

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

(4)

This sub-paragraph applies to—

(a)

a development which would materially conflict with or prejudice the implementation of a relevant county policy,

(b)

a development in an area in relation to which the county planning authority have given notice in writing to the district planning authority that development is likely to affect or be affected by the winning and working of minerals, other than coal,

(c)

a development of land in respect of which the county planning authority have given notice in writing to the district planning authority that they propose to carry out development,

(d)

a development which would prejudice a proposed development mentioned in paragraph (c) in respect of which notice has been given as so mentioned,

(e)

a development of land in relation to which the county planning authority have given notice in writing to the district planning authority that it is proposed to use the land for waste disposal, or

(f)

a development which would prejudice a proposed use mentioned in paragraph (e) in respect of which notice has been given as so mentioned.

(5)

The consultation requirements do not apply—

F5(a)

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

(b)

in respect of a development to which sub-paragraph (4) applies if the county planning authority gives a direction authorising the determination of the application without compliance with the requirements.

(6)

A direction under sub-paragraph (5) may be given in respect of a particular application or a description of application.

(7)

If the consultation requirements apply the local planning authority—

(a)

must give notice to F6F7the county planning authority that they propose to consider the application,

(b)

must send a copy of the application to F8the county planning authority , and

(c)

must not determine the application until the end of such period as is prescribed by development order beginning with the date of the giving of notice under paragraph (a).

(8)

Sub-paragraph (7)(c) does not apply if before the end of the period mentioned in that sub-paragraph—

(a)

the local planning authority have received representations concerning the application from F9the county planning authority , or

(b)

the county planning authority gives notice that it does not intend to make representations.

F10(9)

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

(10)

F11A relevant county policy is a policy contained in a relevant document, plan or revision which—

(a)

has been submitted for independent examination under Part 2 of the 2004 Act and has not been withdrawn, or

(b)

has been adopted, approved or made for the purposes of that Part.

(10A)

In sub-paragraph (10)—

(a)

a “relevant document, plan or revision” means—

(i)

a document prepared to be, or to form part of, the county planning authority’s minerals and waste plan for the purposes of Part 2 of the 2004 Act,

(ii)

a revision of a document which is, or forms part of, the county planning authority’s minerals and waste plan for the purposes of that Part,

(iii)

a supplementary plan prepared by the county planning authority acting as a minerals and waste planning authority under that Part, or

(iv)

a revision of a such a supplementary plan;

(b)

the reference to submission of a relevant document, plan or revision for independent examination under Part 2 of the 2004 Act is to be taken to include any case where an independent examination is held under that Part.

F12(F1311)

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(12)

The 2004 Act is the Planning and Compulsory Purchase Act 2004.

Annotations

Textual amendments

F1: Sch. 1 para. 7 substituted (6.8.2004 for certain purposes and 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 120, 121, Sch. 6 para. 16(4) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)
F2: Words in Sch. 1 para. 7(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 41(4); S.I. 2016/733, reg. 3(d)
F3: Sch. 1 para. 7(2)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15
F4: Sch. 1 para. 7(3) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15
F5: Sch. 1 para. 7(5)(a) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(a), Sch. 25 Pt. 15
F6: Words in Sch. 1 para. 7(7)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 85, 148, 149, Sch. 5 para. 3(5); S.I. 2009/3318, art. 4
F7: Words in Sch. 1 para. 7(7)(a) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(b)
F8: Words in Sch. 1 para. 7(7)(b) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)
F9: Words in Sch. 1 para. 7(8) substituted (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(c)
F10: Sch. 1 para. 7(9) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15
F11: Sch. 1 para. 7(10)(10A) substituted for Sch. 1 para. 7(10) (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 11(2) (with s. 247); S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)
F12: Sch. 1 para. 7(11) repealed (15.11.2011) by Localism Act 2011 (c. 20), s. 240(5)(h), Sch. 8 para. 1(d), Sch. 25 Pt. 15
F13: Sch. 1 para. 7(11) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 85, 148, 149, Sch. 5 para. 3(7); S.I. 2009/3318, art. 4