3.—(1) Subject to paragraph (2), for the purposes of section 61W of the 1990 Act (requirement to carry out pre-application consultation)(1) 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).
4. Where consultation is required by virtue of article 3(1)(2), 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.
Section 61W of the 1990 Act was inserted by section 122 of the Localism Act 2011 (c. 20) (“the 2011 Act”).
Article 3 and 4 cease to have effect with effect from 17th December 2020; see section 122(3) of the 2011 Act and S.I. 2013/2931.