Part 5Applications for orders granting development consent
Chapter 2Pre-application procedure
46Duty to notify F1Secretary of StateF2and others of proposed application
F3(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.
F4(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(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.