http://www.legislation.gov.uk/ukpga/2008/29/part/5/chapter/2Planning Act 2008An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes.texttext/xmlenStatute Law Database2026-05-08Expert Participation2026-05-07 Planning Act 2008s. 31(1)Planning and Infrastructure Act 2025s. 4(2)(a)s. 116s. 118(1)(c)Planning Act 2008s. 31(2)Planning and Infrastructure Act 2025s. 4(2)(b)s. 116s. 118(1)(c)Planning Act 2008s. 35ZA(10A)Planning and Infrastructure Act 2025s. 4(3)s. 116s. 118(1)(c)Planning Act 2008s. 35B-35DPlanning and Infrastructure Act 2025s. 4(4)s. 116s. 118(1)(c)Planning Act 2008s. 46(1)-(1C)Planning and Infrastructure Act 2025s. 6(5)(a)s. 116s. 118(1)(c)Planning Act 2008s. 46(3)-(5)Planning and Infrastructure Act 2025s. 6(5)(c)s. 116s. 118(1)(c)Planning Act 2008s. 55(3)(ca)Planning and Infrastructure Act 2025s. 7(3)(a)s. 116s. 118(1)(c)Planning Act 2008s. 55(4)(4A)Planning and Infrastructure Act 2025s. 7(4)s. 116s. 118(1)(c)Planning Act 2008s. 60(6)(7)Planning and Infrastructure Act 2025s. 8(2)s. 116s. 118(1)(c)Planning Act 2008s. 96APlanning and Infrastructure Act 2025s. 8(3)s. 116s. 118(1)(c)Planning Act 2008s. 97(5A)Planning and Infrastructure Act 2025s. 9(2)s. 116s. 118(1)(c)Planning Act 2008s. 53(1B)Planning and Infrastructure Act 2025s. 11(3)s. 116s. 118(1)(e)Planning Act 2008s. 53(4A)-(4F)Planning and Infrastructure Act 2025s. 11(6)s. 116s. 118(1)(e)Planning Act 2008s. 53(8A)Planning and Infrastructure Act 2025s. 11(7)s. 116s. 118(1)(e)Planning Act 2008Sch. 12 para. 7(zb)Planning and Infrastructure Act 2025s. 11(8)(a)s. 116s. 118(1)(e)Planning Act 2008Sch. 12 para. 7(ba)Planning and Infrastructure Act 2025s. 11(8)(c)s. 116s. 118(1)(e)Planning Act 2008Sch. 6 para. 4(6A)-(6C)Planning and Infrastructure Act 2025s. 12(4)s. 116s. 118(1)(e)Planning Act 2008s. 223(1)(za)Levelling-up and Regeneration Act 2023s. 139(6)s. 247s. 255(4)Planning Act 2008Pt. 10ALevelling-up and Regeneration Act 2023Sch. 12 para. 1s. 247s. 255(4)Planning Act 2008s. 206(3)(aa)(ab)English Devolution and Community Empowerment Act 2026Sch. 17 para. 1(2)(a)s. 102s. 108(6)Planning Act 2008s. 206(3A)English Devolution and Community Empowerment Act 2026Sch. 17 para. 1(2)(b)s. 102s. 108(6)Planning Act 2008s. 206(7)(8)English Devolution and Community Empowerment Act 2026Sch. 17 para. 1(2)(d)s. 102s. 108(6)Planning Act 2008s. 213(3ZA)(3ZB)English Devolution and Community Empowerment Act 2026Sch. 17 para. 1(3)(c)s. 102s. 108(6)Planning Act 2008s. 214(6A)-(6C)English Devolution and Community Empowerment Act 2026Sch. 17 para. 1(4)(c)s. 102s. 108(6) Part 5Chapter 2411This Chapter applies where a person (“the applicant”) proposes to make an application for an order granting development consent.2In 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.421The applicant must consult the following about the proposed application—asuch persons as may be prescribed,aathe Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),beach local authority that is within section 43,cthe Greater London Authority if the land is in Greater London, anddeach person who is within one or more of the categories set out in section 44.2The areas are—awaters in or adjacent to England up to the seaward limits of the territorial sea;ban exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;ca Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;dan 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.431A local authority is within this section if the land is in the authority's area.2A local authority (“A”) is within this section if—athe land is in the area of another local authority (“B”),aaB is a unitary council or a lower-tier district council, andbany part of the boundary of A's area is also a part of the boundary of B's area.2AIf the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—aD is not a lower-tier district council, andbany part of the boundary of D's area is also part of the boundary of C's area.3In this section—“local authority” means—a county council, or district council, in England;a London borough council;the Common Council of the City of London;the Council of the Isles of Scilly;a county council, or county borough council, in Wales;a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;a National Park authority;the Broads Authority;“lower-tier district council” means a district council in England for an area for which there is a county council;“unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;“upper-tier county council” means a county council in England for each part of whose area there is a district council.441A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.2A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—ais interested in the land, orbhas power—ito sell and convey the land, oriito release the land.3An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.4A person is within Category 3 if the applicant thinks that, if the order sought by the proposed application were to be made and fully implemented, the person would or might be entitled—aas a result of the implementing of the order,bas a result of the order having been implemented, orcas a result of use of the land once the order has been implemented,to make a relevant claim.This is subject to subsection (5).5A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.6In subsection (4) “relevant claim” means—aa claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);ba claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works); ca claim under section 152(3).451The applicant must, when consulting a person under section 42, notify the person of the deadline for the receipt by the applicant of the person's response to the consultation.2A deadline notified under subsection (1) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the consultation documents.3In subsection (2) “the consultation documents” means the documents supplied to the person by the applicant for the purpose of consulting the person.461The applicant must supply the Secretary of State with such information in relation to the proposed application as the applicant would supply to the Secretary of State for the purpose of complying with section 42 if the applicant were required by that section to consult the Secretary of State about the proposed application.2The applicant must comply with subsection (1) on or before commencing consultation under section 42.471The applicant must prepare a statement setting out how the applicant proposes to consult, about the proposed application, people living in the vicinity of the land.2Before preparing the statement, the applicant must consult each local authority that is within section 43(1) about what is to be in the statement.3The deadline for the receipt by the applicant of a local authority's response to consultation under subsection (2) is the end of the period of 28 days that begins with the day after the day on which the local authority receives the consultation documents.4In subsection (3) “the consultation documents” means the documents supplied to the local authority by the applicant for the purpose of consulting the local authority under subsection (2).5In preparing the statement, the applicant must have regard to any response to consultation under subsection (2) that is received by the applicant before the deadline imposed by subsection (3).6Once the applicant has prepared the statement, the applicant must—zamake the statement available for inspection by the public in a way that is reasonably convenient for people living in the vicinity of the land,a publish, in a newspaper circulating in the vicinity of the land, a notice stating where and when the statement can be inspected, andb publish the statement in such manner as may be prescribed.7The applicant must carry out consultation in accordance with the proposals set out in the statement.481The applicant must publicise the proposed application in the prescribed manner.2Regulations made for the purposes of subsection (1) must, in particular, make provision for publicity under subsection (1) to include a deadline for receipt by the applicant of responses to the publicity.491Subsection (2) applies where the applicant—ahas complied with sections 42, 47 and 48, andbproposes to go ahead with making an application for an order granting development consent (whether or not in the same terms as the proposed application).2The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.3In subsection (2) “relevant response” means—aa response from a person consulted under section 42 that is received by the applicant before the deadline imposed by section 45 in that person's case,ba response to consultation under section 47(7) that is received by the applicant before any applicable deadline imposed in accordance with the statement prepared under section 47, orca response to publicity under section 48 that is received by the applicant before the deadline imposed in accordance with section 48(2) in relation to that publicity.501Guidance may be issued about how to comply with the requirements of this Chapter.2Guidance under this section may be issued by ... the Secretary of State.3The applicant must have regard to any guidance under this section.S. 42 partly in force; s. 42 in force for certain purposes at Royal Assent see s. 241S. 47 partly in force; s. 47 in force for certain purposes at Royal Assent see s. 241S. 48 partly in force; s. 48 in force for certain purposes at Royal Assent see s. 241S. 41 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 42 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 43 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 44 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 45 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 46 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 47 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 48 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 49 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 50 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)S. 42(2) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(c), 324(3); S.I. 2010/298, art. 2, Sch. para. 6S. 42(1): s. 42 renumbered as s. 42(1) (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6S. 42(1)(aa) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6S. 43 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6S. 44 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6S. 43(2)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)S. 43(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)S. 43(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)S. 44(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)Words in s. 46 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 8(3); S.I. 2012/628, art. 7(a)Words in s. 46(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 8(2); S.I. 2012/628, art. 7(a)Word in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(i), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)Words in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)Words in s. 47(6)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)Words in s. 47(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)Words in s. 50(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 9, Sch. 25 Pt. 20; S.I. 2012/628, art. 7