PART 6

Planning
CHAPTER 6

Nationally significant infrastructure projects

Pre-application consultation with local authorities
133
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 county council, or district council, in England;
  2. a London borough council;
  3. the Common Council of the City of London;
  4. the Council of the Isles of Scilly;
  5. a county council, or county borough council, in Wales;
  6. a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
  7. a National Park authority;
  8. 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.
S. 133 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)
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)