{
  "url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017/article-5J",
  "json_url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017/article-5J.json",
  "legislation": "uksi/2017/402",
  "legislation_title": "The Town and Country Planning (Permission in Principle) Order 2017",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-permission-in-principle-order-2017",
  "path": "article/5J",
  "kind": "article",
  "number": "5J",
  "heading": "Consultations in relation to applications for permission in principle",
  "text": "(1) Before determining whether to grant a permission in principle for development of land which, in their opinion, falls within a category set out in the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015, a local planning authority must consult each body mentioned in relation to that category.\n(2) The local planning authority must also consult any body with whom they would have been required to consult on an application for planning permission for the development proposed.\n(3) The duty to consult a body pursuant to paragraph (1) or (2) does not apply where—\n(a) the local planning authority are the body;\n(b) the local planning authority are already required to consult the body under paragraph 7 of Schedule 1 to the 1990 Act;\n(c) the body has advised the local planning authority that it does not wish to be consulted; or\n(d) the development is subject to any standing advice published by the body in relation to the category of development.\n(4) The exception in paragraph (3)(d) does not apply where the standing advice was published more than 2 years before the date of the application for permission in principle and the advice has not been amended or confirmed as being current by the body within that period.\n(5) The Secretary of State may give directions to a local planning authority requiring that authority to consult any body mentioned in the directions in relation to any category of development specified in the directions.\n(6) Where a local planning authority are required to consult a body pursuant to this article before determining whether to grant permission in principle—\n(a) they must give notice of any application for permission in principle to the body, unless the applicant has served a copy of the application on that body; and\n(b) subject to paragraph (7), they must not determine the application until at least 14 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the body by the applicant.\n(7) Paragraph (6)(b) ceases to apply if before the end of the period referred to in that paragraph—\n(a) the local planning authority have received representations concerning the application from the bodies consulted; or\n(b) the bodies consulted have given notice that they do not intend to make representations.\n(8) The local planning authority must, in determining the application, take into account any representations received from any body consulted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 2A inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/402/article/5J",
    "retrieved_at": "2026-10-28T23:12:43.491845+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}