{
  "url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-17",
  "json_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013/article-17.json",
  "legislation": "uksi/2013/2140",
  "legislation_title": "The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-section-62a-applications-procedure-and-consequential-amendments-order-2013",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Consultations before the grant of permission",
  "text": "(1) Before granting planning permission for development which, in the Secretary of State’s opinion, falls within a category set out in the Table in Schedule 5 to the 2010 Order, the Secretary of State must consult the authority or person mentioned in relation to that category, except where—\n(a) the Secretary of State is specified as the consultee;\n(b) the Secretary of State is required to consult the authority so mentioned under article 18;\n(c) the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted; or\n(d) the development proposed by the relevant application falls within a category of development for which standing advice has been provided to the Secretary of State by the authority or person so mentioned in relation to that category of development.\n(2) The exception in paragraph (1)(c) does not apply where, in the opinion of the Secretary of State, the development falls within paragraph (zc) of the Table in Schedule 5 to the 2010 Order.\n(3) The exception in paragraph (1)(d) does not apply where—\n(a) the development is an EIA development; or\n(b) the standing advice was issued more than 2 years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period.\n(4) Where, by or under this article, the Secretary of State is required to consult any authority or person (“the consultee”) before granting planning permission—\n(a) he must send a copy of the application to the consultee; and\n(b) subject to paragraphs (5) and (7), he must not determine the application until at least 21 days after the date on which a copy of the application was sent to the consultee.\n(5) Paragraph (4)(b) does not apply if before the end of the period referred to in that sub-paragraph the Secretary of State has received a substantive response (within the meaning of article 19(2)) concerning the application from the consultee.\n(6) The Secretary of State must, in determining the application, take into account any representations received from a consultee.\n(7) In the case of a relevant application for public service infrastructure development, in paragraph (4)(b), “21 days” is to be read as if it were a reference to “18 days”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 17(4)(b) substituted (16.7.2021 with application in accordance with reg. 1(5) of the amending S.I.) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021 (S.I. 2021/746), arts. 1(3), 25(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 17(7) inserted (16.7.2021 with application in accordance with reg. 1(5) of the amending S.I.) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021 (S.I. 2021/746), arts. 1(3), 25(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 17 in force at 1.10.2013, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2140/article/17",
    "retrieved_at": "2026-10-29T00:43:28.016424+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."
}