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The Town and Country Planning (Brownfield Land Register) Regulations 2017

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Consultation with other persons, bodies or authorities before entering land in Part 2

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12.—(1) Where a local planning authority propose to enter land in Part 2 and residential development of the land would, in the opinion of the local planning authority, fall ‎within a category set out in the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015(1), the local planning authority must consult any person, body or authority mentioned in relation to that category.

(2) The local planning authority must also consult any person, body or authority with whom they would have been required to consult in relation to an application for planning permission for residential development of the land.

(3) The duty to consult a particular person, body or authority in accordance with paragraph (1) or (2) does not apply where—

(a)that authority is the local planning authority;

(b)that person, body or authority has advised the local planning authority that they do not wish to be consulted about proposed entries in Part 2 situated within a particular area, and the land in question falls within that area; or

(c)that person, body or authority has published standing advice in relation to a category of development and the potential development falls within that category.

(4) The exception in paragraph (3)(c) does not apply where the standing advice was published before the period of 2 years ending with the date that requisite notice in relation to that land was given in accordance with paragraph (1) of regulation 6.

(1)

S.I. 2015/595; Schedule 4 was amended by S.I. 2016/873.

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