C1PART 6Planning

Annotations:
Modifications etc. (not altering text)
C1

Pt. 6: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

CHAPTER 6Nationally significant infrastructure projects

I1133Pre-application consultation with local authorities

1

Section 43 of the Planning Act 2008 (local authorities for the purposes of the consultation requirements in section 42) is amended as follows.

2

In subsection (2) (provision requiring consultation with local authorities that share a boundary with the local authority (“B”) in whose area the development is to take place) before the “and” at the end of paragraph (a) insert—

aa

B is a unitary council or a lower-tier district council,

3

After subsection (2) insert—

2A

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

4

For subsection (3) (definition of local authority) substitute—

3

In this section—

  • local authority” means—

    1. a

      a county council, or district council, in England;

    2. b

      a London borough council;

    3. c

      the Common Council of the City of London;

    4. d

      the Council of the Isles of Scilly;

    5. e

      a county council, or county borough council, in Wales;

    6. f

      a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

    7. g

      a National Park authority;

    8. h

      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.