Duty to respond to consultation15
1
The requirements to consult which are prescribed for the purposes of section 229(2)(b) (duty to respond to consultation) of the 2011 Act are those contained in Articles 13, 14 and Schedule 3.
2
The period prescribed for the purposes of section 229(3)(a) of the 2011 Act, is—
a
the period of 21 days beginning with the day on which the council or, as the case may be, the Department is satisfied that it has supplied the statutory consultee with the information it believes necessary for the consultee to make a substantive response; or
b
any other such period as may be agreed in writing between the consultee and the council or, as the case maybe, the Department.
3
The periods specified in paragraph (2) begin from the day on which such information pursuant to section 229(4)(b) of the 2011 Act is provided to the consultee and where such information is provided over more than one day, the last day on which such information is provided.
4
The information to be provided by the council or, as the case may be, the Department as pursuant to section 229(4)(b) of the 2011 Act is such information that the council or, as the case may be, the Department considers will enable the consultee to provide a substantive response.
5
For the purposes of this Article, a substantive response pursuant to section 229(4)(c) of the 2011 Act is one which—
a
states that the consultee has no comment to make;
b
states that, on the basis of the information available, the consultee is content with the development as proposed;
c
refers the council or, as the case may be, the Department to current standing advice by the consultee on the subject of the consultation, subject to Article 13(3)(b); or
d
provides advice to the council or, as the case may be, the Department to enable the determination of the application.