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18.—(1) Before granting permission for development which, in their opinion, falls within a category set out in the table below, a local planning authority shall consult the authority or person mentioned in relation to that category, except where—
(i)the local planning authority are the authority so mentioned;
(ii)the local planning authority are required to consult the authority so mentioned under articles 19 or 20; or
(iii)the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted.
Para | Description of Development | Consultee |
---|---|---|
(a) |
| The local planning authority concerned |
(b) |
| The district planning authority concerned |
(c) |
| The county planning authority concerned |
(d) |
| The Health and Safety Executive |
(e) |
| |
(i)entering or leaving a trunk road; or | In England, the Secretary of State for Transport, in Wales the Secretary of State for Wales | |
(ii)using a level crossing over a railway | The British Railways Board or other railway undertakers likely to be affected, and in England, the Secretary of State for Transport and, in Wales, the Secretary of State for Wales | |
(f) |
| The local highway authority concerned |
(g) |
| The local highway authority concerned |
(h) |
| The local highway authority concerned |
(i) |
| The British Coal Corporation |
(j) |
| The water authority concerned |
(k) |
| The Secretary of State for Energy |
(l) |
| The Secretary of State for the Environment |
(m) |
| The Historic Buildings and Monuments Commission |
(n) |
| In England, The Historic Buildings and Monuments Commission, in Wales, the Secretary of State for Wales |
(o) |
| The water authority concerned |
(p) |
| The water authority concerned |
(q) |
| The water authority concerned |
(r) |
| The water authority concerned |
(s) |
| The water authority concerned |
(t) |
| The Nature Conservancy Council |
(u) |
| The Theatres Trust |
(v) |
| In England, the Minister of Agriculture, Fisheries and Food and in Wales, the Secretary of State for Wales |
(w) |
| The waste disposal authority concerned. |
(2) In paragraph (1)(w) “waste disposal authority” means—
(a)in the area of the London Waste Regulation Authority, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority(3) respectively, that authority;
(b)elsewhere in England, the county council or metropolitan district council; or
(c)in Wales, the district council.
(3) The Secretary of State may give directions to a local planning authority requiring that authority to consult with 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 shall, 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 shall not determine the application until at least 14 days after the date on which notice is given under paragraph (a), or if earlier, 14 days after the date of service of a copy of the application on the consultee by the applicant.
(5) The local planning authority shall, in determining the application, take into account any representations received from a consultee.
Established by Schedule 1 of the Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884).
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