Planning (Wales) Act 2015 Explanatory Notes

Section 37 – Consultation etc. in respect of certain applications relating to planning permission

142.The provision inserts section 100A into the TCPA 1990. It makes provision for consultation in respect of:

a)

applications for approval of reserved matters;

b)

applications for any other consent, agreement or approval required by any conditions or limitation subject to which planning permission has been granted; and

c)

applications for non-material changes to planning permission.

143.This section provides that where a local planning authority decide to consult a statutory consultee who was consulted on the original application, the authority cannot determine that application before the end of the period prescribed in a development order. Those consulted must give a substantive response within that period and report to the Welsh Ministers on their compliance with this duty.

144.It also enables the Welsh Ministers, by development order, to specify:

a)

the information to be provided by the local planning authority in respect of the consultation,

b)

the requirements of a substantive response; and

c)

the form and contents of the compliance report.

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