Part 2Pre-application consultation

Consultation before applying for planning permission3

1

Subject to paragraph (2), for the purposes of section 61W of the 1990 Act (requirement to carry out pre-application consultation)21 a person must carry out consultation on a proposed application for planning permission for any development involving an installation for the harnessing of wind power for energy production where—

a

the development involves the installation of more than 2 turbines; or

b

the hub height of any turbine exceeds 15 metres.

2

Paragraph (1) does not apply to—

a

applications made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached); or

b

applications of the description contained in article 20(1)(b) or (c) (consultations before the grant of a replacement planning permission subject to a new time limit).

Particulars of pre-application consultation4

Where consultation is required by virtue of article 3(1)22, an application for planning permission must be accompanied by particulars of—

a

how the applicant complied with section 61W(1) of the 1990 Act;

b

any responses to the consultation that were received by the applicant; and

c

the account taken of those responses by the applicant.