PART 3 E+W Consultation

Consultations before the grant of permission E+W

14.—(1) Before granting planning permission for development which, in their opinion, falls within a category set out in the Table in Schedule 4, a local planning authority must consult the authority, body or person mentioned in relation to that category, except where—

(a) the local planning authority are the authority, body or person so mentioned; or

(b) the authority, body or person so mentioned has advised the local planning authority that they do not wish to be consulted [F1 , or

(c) article 15ZA applies].

(2) The exception in paragraph (1)(b) does not apply where, in the opinion of the local planning authority, development falls within paragraph [F2 (w)] of the Table in Schedule 4.

(3) The Welsh Ministers may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.

(4) Where, by or under this article, a local planning authority are required to consult any person or body (“the consultee”) before granting planning permission—

(a) they must, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and

(b) they must not determine the application until at least [F3 30 days in the case of an EIA application or 21 days in any other case] after the date on which notice is given under sub-paragraph (a) or, if earlier, [F3 30 days in the case of an EIA application or 21 days in any other case] after the date of service of a copy of the application on the consultee by the applicant.

(5) The local planning authority must in determining the application take into account any representations received from a consultee.

Textual Amendments

F1 Art. 14(1)(c) and word inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 10(3) (with art. 15(3))

F2 Word in art. 14(2) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 5(1)

F3 Words in art. 14(4)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(5) (with regs. 1(4), 55(2)(3), 63, 65)

Modifications etc. (not altering text)

C1 Art. 14(1) excluded (1.12.2021) by The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021 (S.I. 2021/1189), art. 1(2)(a)(4) (as amended by S.I. 2021/1297, art. 2(2)(a))