Article 19 Duty to respond to consultationI1
England and Wales
The requirements to consult which are prescribed for the purposes of section 54(2) of the 2004 Act (duty to respond to consultation) are those contained in articles 17 and 18.
F3For the purposes of section 54(4)(a) of the 2004 Act, subject to paragraph (3), an authority or person consulted under article 17 or 18 must give a substantive response to that consultation before the end of the period of 21 days beginning with the day on which—
the document on which the authority or person’s views are sought is received by the consultee ; or
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 Secretary of State.
For the purposes of this article, a substantive response is one which—
states that the consultee has no comment to make;
states that, on the basis of the information available, the consultee is content with the development proposed;
refers the Secretary of State to current standing advice by the consultee on the subject of the consultation; or
provides advice to the Secretary of State.
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”.
Annotations
Textual amendments
- F1
Art. 19(A1) inserted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 8(5)(a)
- F2
Art. 19(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), 27(2)
- F3
Words in art. 19(1) substituted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 8(5)(b)
- F4
Art. 19(3) 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), 27(3)