Article 5N Duty to respond to consultation and annual reportsF1

(1)

Subject to paragraph (2), for the purposes of applications for permission in principle, the requirements to consult which are prescribed for the purposes of section 54(2)(b) of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) are those contained in—

(a)

articles 5J and 5K of this Order and Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as applied by those articles);

(b)

article 5L of this Order;

(c)

paragraph 4(2) of Schedule 1 to the 1990 Act; and

(d)

paragraph 7 of Schedule 1 to the 1990 Act.

(2)

A requirement to consult under paragraph (zb)(iii) of Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 is not a prescribed requirement for the purposes of section 54(2)(b) of the 2004 Act.

(3)

The period prescribed for the purposes of section 54(4)(a) of the 2004 Act in relation to applications for permission in principle is 14 days beginning with the day on which—

(a)

the document on which the views of consultees are sought, or

(b)

where there is more than one such document and they are sent on different days, the last of those documents,

is received by the consultee, or such other period as may be agreed in writing between the consultee and the local planning authority.

(4)

The information to be provided to the consultee for the purposes of the consultation, pursuant to section 54(5)(b) of the 2004 Act, is such information as will enable that person to provide a substantive response.

(5)

For the purposes of this article and pursuant to section 54(5)(c) of the 2004 Act, a substantive response is one which—

(a)

states that the consultee has no comment to make;

(b)

states that, on the basis of the information available, the consultee is content with the development proposed;

(c)

refers the local planning authority to current standing advice by the consultee on the subject of the consultation; or

(d)

provides advice to the local planning authority.

(6)

Each consultee who is, by virtue of section 54 of the 2004 Act and this article, under a duty to respond to consultation must give to the Secretary of State, not later than 1st July in each year (beginning on 1st July 2019), a report as to that consultee’s compliance with section 54(4) of the 2004 Act in relation to the application for permission in principle.

(7)

The report must—

(a)

in relation to the first report, relate to the period from 1st June 2018 until 31st March 2019; and

(b)

in relation to subsequent reports, relate to the period of 12 months commencing on 1st April in the preceding year.

(8)

Each report must contain—

(a)

a statement as to the number of occasions on which the consultee was consulted by a local planning authority;

(b)

a statement as to the number of occasions on which a substantive response was given to a local planning authority within the period referred to in section 54(4) of the 2004 Act; and

(c)

in relation to occasions on which the consultee has given a substantive response outside the period referred to in section 54(4) of the 2004 Act, a summary of the reasons why the consultee failed to comply with the duty to respond within that period.

Annotations

Textual amendments

F1: 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