Part 4

Development control

Miscellaneous

Duty to respond to consultation
54
1
This section applies to a prescribed requirement to consult any person or body (the consultee) which exercises functions for the purposes of any enactment.
2
A prescribed requirement to consult is a requirement—
a
with which the appropriate authority or a local planning authority must comply before granting any permission, approval or consent under or by virtue of the planning Acts;
b
which is prescribed for the purposes of this subsection.
3
At any time before an application is made for any permission, approval or consent mentioned in subsection (2) any person may in relation to a proposed development consult the consultee on any matter in respect of which the appropriate authority is or the local planning authority are required to consult the consultee.
4
The consultee must give a substantive response to any consultation mentioned in subsection (2) or by virtue of subsection (3) before the end of—
a
the period prescribed for the purposes of this subsection, or
b
such other period as is agreed in writing between the consultee and the appropriate authority or the local planning authority (as the case may be).
5
The appropriate authority may also prescribe—
a
the procedure to be followed for the purposes of this section;
b
the information to be provided to the consultee for the purposes of the consultation;
c
the requirements of a substantive response.
6
Anything prescribed for the purposes of subsections (1) to (5) must be prescribed by development order.
7
A development order may—
a
require consultees to give the appropriate authority a report as to their compliance with subsection (4);
b
prescribe the form and content of the report;
c
prescribe the times at which the report is to be made.
8
The appropriate authority is—
a
the Secretary of State in relation to England;
b
the National Assembly for Wales in relation to Wales.
S. 54 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2
S. 54 in force at 24.8.2005 for E. so far as not already in force by S.I. 2005/2081, art. 2(d)(i) (with art. 4(3))
S. 54 in force at 22.6.2015 for W. so far as not already in force by S.I. 2015/340, art. 2(d) (with art. 4)