The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2005

Duty to respond to consultation

6.  After article 11 insert—

“Duty to respond to consultation

11A.— (1) The requirements to consult which are prescribed for the purposes of section 54(2)(b) of the 2004 Act are those contained in—

(a) article 10;

(b) article 12;

(c) paragraph (5)(a) of condition A.3 in Part 24 of the Town and Country Planning (General Permitted Development) Order 1995(1);

(d) section 71(3) of the Act;

(e) paragraph 4(2) of Schedule 1 to the Act;

(f) paragraph 7 of Schedule 1 to the Act; and

(g) paragraph 3(b) of Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990(2).

(2) The period prescribed for the purposes of section 54(4)(a) of the 2004 Act is the period of 21 days beginning with the day on which—

(a) the document on which the views of consultees are sought; or

(b) where there is more than one such document and they are sent on different days, the last of those documents,

is received by the consultee, or such other period as may be agreed in writing between the consultee and the consultor.

(3) The information to be provided to the consultee for the purposes of the consultation, pursuant to section 54(5)(b) of the 2004 Act, is such information as will enable that person to provide a substantive response.

(4) For the purposes of this article and article 11B, and pursuant to section 54(5)(c) of the 2004 Act, a substantive response is one which—

(a) states that the consultee has no comment to make;

(b) states that, on the basis of the information available, the consultee is content with the development proposed;

(c) refers the consultor to current standing advice by the consultee on the subject of the consultation; or

(d) provides advice to the consultor.

(5) In this article and article 11B, “the 2004 Act” means the Planning and Compulsory Purchase Act 2004(3).

Duty to respond to consultation— annual reports

11B.— (1) Each consultee who is, by virtue of section 54 of the 2004 Act and article 11A, under a duty to respond to consultation shall give to the Secretary of State, not later than 1st July in each year beginning with the year commencing on 1st January 2006, a report as to that consultee’s compliance with section 54(4) of the 2004 Act.

(2) The report shall relate to the period of 12 months commencing on 1st April in the preceding year (“the report year”).

(3) The report shall contain, in respect of the relevant report year—

(a) a statement as to the number of occasions on which the consultee was consulted by a person other than a local planning authority;

(b) a statement as to the number of occasions on which a substantive response was given to a person other than a local planning authority within the period referred to in section 54(4) of the 2004 Act;

(c) a statement as to the number of occasions on which the consultee was consulted by a local planning authority;

(d) a statement as to the number of occasions on which a substantive response was given to a local planning authority within the period referred to in section 54(4) of the 2004 Act;

(e) in relation to occasions on which the consultee has given a substantive response outside the period referred to in section 54(4) of the 2004 Act, a summary of the reasons why the consultee failed to comply with the duty to respond within that period.”.

(1)

S.I. 1995/418 to which there are amendments not relevant to this instrument.

(2)

1990 c. 9. Paragraph (3) of Schedule 4 was substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 7(61).

(3)

2004 c. 5.