The Town and Country Planning (Development Management Procedure) (England) Order 2010

Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit

This section has no associated Explanatory Memorandum

18.—(1) This article applies in relation to—

(a)an application made pursuant to section 73 of the 1990 Act (determination of applications to develop land without conditions previously attached);

(b)an application for planning permission where the development that is the subject of the application—

(i)has not yet begun; and

(ii)was granted planning permission on or before 1st October 2009 subject to a time limit imposed by or under section 91 (general condition limiting duration of planning permission) or 92 (outline planning permission) of the 1990 Act(1) which has not expired; or

(c)an application for outline planning permission where the development that is the subject of the application—

(i)has begun in accordance with the terms of, and any reserved matters approved under, an outline planning permission which is required or expressly permitted to be implemented in phases, other than a permission granted on an application made under paragraph (b); and

(ii)was granted that outline planning permission on or before 1st October 2009 subject to a time limit imposed by or under section 91 or 92 of the 1990 Act which has not expired.

(2) Before granting planning permission on an application in relation to which this article applies, the local planning authority must consult such authorities or persons falling within a category set out in the table in Schedule 5 as the local planning authority consider appropriate.

(1)

Section 91 was amended by section 51(1) of the 2004 Act and there have been other amendments not relevant to this instrument.