Article 18 Consultation with relevant authorityI1

England and Wales

(1)

F1Subject to paragraph (2) and, in relation to public service infrastructure development, the modifications in paragraph (2A), the Secretary of State must, before determining—

(a)

a relevant application for planning permission; or

(b)

a relevant application for approval of reserved matters,

notify the relevant authority giving a period of at least 21 days, beginning no earlier than the date the Secretary of State sends the notice under article 11(2) in relation to the application, within which to make representations about the application (including as to the manner in which the application is to be determined) and the Secretary of State must take into account any such representations received.

(2)

Paragraph (1) does not apply if before the end of the period referred to in that paragraph the Secretary of State has received a substantive response (within the meaning of article 19(2)) concerning the application from each relevant authority notified under paragraph (1).

F2(2A)

In the case of a relevant application for public service infrastructure development, in paragraph (1), “21 days” is to be read as if it were a reference to “18 days”.

(3)

In this article “relevant authority” means—

(a)

the designated planning authority; and

(b)

where the designated planning authority is not the district planning authority, the district planning authority; and

(c)

where the designated planning authority is not the county planning authority, the county planning authority; and

(d)

where the council of a parish are given information in relation to a relevant application pursuant to paragraph 8(1) of Schedule 1 to the 1990 Act^f1, the parish council.

Annotations

Textual amendments

F1: Words in art. 18(1) 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), 26(2)
F2: Art. 18(2A) 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), 26(3)

Commencement

I1: Art. 18 in force at 1.10.2013, see art. 1(1)

Footnotes

f1: Paragraph 8(1) of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34). There are amendments to paragraph 8 which are not relevant to this Order.