OpenLegislation

Article 3 Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013I1

England and Wales

(1)

The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013f1 is amended as follows.

(2)

After Part 1 (preliminary) insert—

“PART 1A

Pre-application consultation

Consultation before applying for planning permission

3A.

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 consultation

3B.

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;”.

Annotations

Commencement

I1

Art. 3 in force at 17.12.2013, see art. 1(1)

Footnotes

f1

S.I. 2013/2140.