Part 5

Applications for orders granting development consent
Chapter 2

Pre-application procedure

Duty to take account of responses to consultation and publicity
49
1
Subsection (2) applies where the applicant—
a
has complied with sections 42, 47 and 48, and
b
proposes to go ahead with making an application for an order granting development consent (whether or not in the same terms as the proposed application).
2
The 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.
3
In subsection (2) “relevant response” means—
a
a 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,
b
a 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, or
c
a 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.
S. 49 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)