Part 5Applications for orders granting development consent
Chapter 2Pre-application procedure
41Chapter applies before application is made
(1)
This Chapter applies where a person (“the applicant”) proposes to make an application for an order granting development consent F1(and “applicants” is to be construed accordingly).
(2)
In the following provisions of this Chapter—
“the proposed application” means the proposed application mentioned in subsection (1);
“the land” means the land to which the proposed application relates or any part of that land;
“the proposed development” means the development for which the proposed application (if made) would seek development consent.
F242Duty to consult
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F343Local authorities for purposes of section 42(1)(b)
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F544F4Categories for purposes of section 42(1)(d)
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F645Timetable for consultation under section 42
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46Duty to notify F7Secretary of StateF8and others of proposed application
F9(1)
The applicant must supply to the Secretary of State—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1A)
The applicant must supply to each host local authority—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1B)
In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1C)
The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows—
(a)
the applicant’s name and address,
(b)
a statement that the applicant intends to apply for an order granting development consent,
(c)
a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and
(d)
a summary of the proposed application, specifying the location or route of the proposed development.
F10(2)
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F11(3)
A local authority is a “host local authority” if the land is in the authority’s area.
(4)
In this section “local authority” means—
(a)
a county council, or district council, in England;
(b)
a London borough council;
(c)
the Common Council of the City of London;
(d)
the Council of the Isles of Scilly;
(e)
a county council, or county borough council, in Wales;
(f)
a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
(g)
a National Park authority;
(h)
the Broads Authority.
(5)
The areas referred to in subsection (1B) are—
(a)
waters in or adjacent to England up to the seaward limits of the territorial sea;
(b)
an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(c)
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
(d)
an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
F1247Duty to consult local community
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48Duty to publicise
(1)
The applicant must publicise the proposed application in the prescribed manner.
F13(2)
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F1449Duty to take account of responses to consultation and publicity
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F1550Guidance about pre-application steps
(1)
Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 48.
(2)
The Secretary of State must issue guidance to assist applicants, setting out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.