PART 14MISCELLANEOUS AND GENERAL PROVISIONS

Duty to respond to consultation

229Duty to respond to consultation

1

This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any statutory provision.

2

A prescribed requirement to consult is a requirement—

a

with which the council or the Department must comply before granting any permission or consent under or by virtue of this Act; and

b

which is prescribed for the purposes of this subsection.

3

The consultee must give a substantive response to any consultation mentioned in subsection (2) before the end of—

a

the period prescribed for the purposes of this subsection, or

b

such other period as is agreed in writing between the consultee and the council or the Department (as the case may be).

4

The Department may also prescribe—

a

the procedure to be followed for the purposes of this section;

b

the information to be provided to the consultee for the purposes of the consultation;

c

the requirements of a substantive response.

5

Anything prescribed for the purposes of subsections (1) to (4) must be prescribed by development order.

6

A development order may—

a

require consultees to give the Department a report as to their compliance with subsection (3);

b

specify the form and content of the report;

c

specify the times at which the report is to be made.