Article 20 Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit

England and Wales

(1)

Paragraph (2) applies in relation to an application—

(a)

made pursuant to section 73 of the 1990 Act (determination of applications to develop land without conditions previously attached);

(b)

for planning permission where the development that is the subject of the application—

(i)

has not yet begun; and

(ii)

was granted planning permission on or before 1st October 2010 subject to a time limit imposed by or under section 91 (general condition limiting duration of planning permission) or 92 (outline planning permission) of the 1990 Act M1 which has not expired; or

(c)

for outline planning permission where the development that is the subject of the application—

(i)

has begun in accordance with the terms of, and any reserved matters approved under, an outline planning permission which is required or expressly permitted to be implemented in phases, other than a permission granted on an application made under sub-paragraph (b); and

(ii)

was granted that outline planning permission on or before 1st October 2010 subject to a time limit imposed by or under section 91 or 92 of the 1990 Act which has not expired.

(2)

Before granting planning permission on an application in relation to which this paragraph applies, the local planning authority must consult such authorities or persons falling within a category set out in the Table in Schedule 4 as the local planning authority consider appropriate.

Annotations

Marginal citations

M1: Sections 91 and 92 were amended by section 51(1) of the 2004 Act and section 91 was subsequently amended by paragraph 13 of Schedule 12 to the Localism Act 2011 (c. 20); there have been other amendments to section 91 which are not relevant to this Order.