Planning (Wales) Act 2015

Consultation etc in respect of certain applications relating to planning permission E+W

37 Consultation etc in respect of certain applications relating to planning permission E+W

In TCPA 1990, after section 100 insert—

“Consultation etc in respect of certain applications relating to planning permission: Wales E+W

100A Wales: consultation etc in respect of certain applications relating to planning permission

(1) A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.

(2) If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.

(3) That response must be given before the end of—

(a) a period specified in a development order, or

(b) if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.

(4) A development order may make provision—

(a) about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;

(b) about the requirements of a substantive response;

(c) requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).

(5) An application is within this subsection if it is—

(a) an application for approval of reserved matters (within the meaning of section 92);

(b) an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;

(c) an application under section 96A(4) (non-material changes to planning permission).

(6) References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.

(7) The original application, in relation to a relevant application, is—

(a) in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;

(b) in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.”

Commencement Information

I1 S. 37 partly in force; s. 37 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2 S. 37 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(b)