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The Town and Country Planning (Development Management Procedure) (England) Order 2015

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Recommendations by district planning authority before determination of county matters application

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24.—(1) Subject to paragraph (2), a county planning authority must, before determining—

(a)an application for planning permission under Part 3 of the 1990 Act (control over development),

(b)an application for a certificate of lawful use or development under section 191 or 192 of the 1990 Act (certificates of lawfulness of existing or proposed use or development)(1), or

(c)an application for approval of reserved matters,

give the district planning authority, if any, for the area in which the relevant land lies a period of at least 21 days, from the date of receipt of the application by the district authority, within which to make recommendations about the manner in which the application must be determined; and must take any such recommendations into account.

(2) Paragraph (1) does not prevent a county planning authority determining an application if before the end of the period referred to in that paragraph—

(a)the county planning authority have received recommendations concerning the application from the district planning authority; or

(b)the district planning authority give notice to the county planning authority that they do not intend to make recommendations.

(3) A county planning authority must—

(a)on determining an application of a kind mentioned in paragraph (1), as soon as reasonably practicable notify the district planning authority, if any, of the terms of their decision; or

(b)if any such application is referred to the Secretary of State, inform the district planning authority, if any, of the date when it was so referred and, when notified to them, of the terms of the decision.

(1)

Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

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