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The Town and Country Planning (Development Management Procedure) (England) Order 2015

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Duty to respond to consultationE+W

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

(a)articles 18 and 19 and Schedule 4, except as provided for in paragraph (2);

(b)article 20;

(c)article 24;

(d)paragraphs W(5) and (6) of Part 3 of Schedule 2 to the Permitted Development Order (change of use) M1;

[F1(da)paragraph W(6A) of Part 3 of Schedule 2 to the Permitted Development Order as provided for by paragraph MA.2(4)(c) of that Part;]

(e)[F2paragraphs [F3BC.3(3)],] E.3(5) and (6) of Part 4 of Schedule 2 to the Permitted Development Order ([F4temporary buildings and uses]);

[F5(ea)paragraph M.2(i)(iii) of Part 7 of Schedule 2 to the Permitted Development Order (extensions etc for schools, colleges, universities, prisons and hospitals);]

(f)paragraph A.3(5)(a) of Part 16 of Schedule 2 to the Permitted Development Order (development by electronic communications code operators);

[F6(fa)paragraph B(5), (6) and (6A) of Part 20 of Schedule 2 to the Permitted Development Order (construction of new dwellinghouses);]

(g)section 71(3) of the 1990 Act (consultations in connection with determinations under section 70);

(h)paragraph 4(2) of Schedule 1 to the 1990 Act M2;

(i)paragraph 7 of Schedule 1 to the 1990 Act; and

(j)paragraph 3(b) of Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (further provisions as to exercise of functions by different authorities) M3.

(2) A requirement to consult under paragraph (zb)(iii) of Schedule 4 is not a prescribed requirement for the purposes of section 54(2)(b) of the 2004 Act.

[F7(3) Subject to paragraph (6) the period prescribed for the purposes of section 54(4) of the 2004 Act is—

(a)the period of 21 days beginning with the day on which—

(i)the document on which the views of the consultee are sought is received by the consultee, or

(ii)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

(b)such other period as may be agreed in writing between the consultee and the consultor.]

(4) 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.

(5) For the purposes of this article and article 23 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.

[F8(6) In the case of an application for public service infrastructure development, where the requirements to consult contained in paragraph (1)(a), (b), (c), (h) or (i) apply, the prescribed period of 21 days in paragraph (3) is to be read as if it were a reference to 18 days.]

Textual Amendments

Marginal Citations

M2Paragraph 4(2) of Schedule 1 was amended by sections 19(2) and 84 of, and paragraph 53 of Schedule7 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34).

M31990 c. 9. Paragraph 3 of Schedule 4 was substituted by paragraph 61 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and amended by sections 78 and 120 of, and paragraph 33(7) of Schedule 10 and Schedule 24 to, the Environment Act 1995 (c. 25).

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