The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013

• Citation: S.I. 2013/2932
• Sections: 3

Section 1 Citation, commencement, expiry and application

(1) This Order may be cited as the Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013 and shall come into force on 17th December 2013.

(2) This Order ceases to have effect on the date on which the amendments made to the Town and Country Planning Act 1990 by section 122(1) and (2) of the Localism Act 2011 cease to have effect.

(3) This Order applies in relation to England only.

Section 2 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2010

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Section 3 Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 is amended as follows.

(2) After Part 1 (preliminary) insert—

Pre-application consultation

Consultation before applying for planning permission

(3A) For the purposes of section 61W of the 1990 Act (requirement to carry out pre-application consultation) a person must carry out consultation on a proposed relevant application for planning permission for any development involving an installation for the harnessing of wind power for energy production where—

(a) the development involves the installation of more than 2 turbines; or

(b) the hub height of any turbine exceeds 15 metres.

Particulars of pre application consultation

(3B) Where consultation is required in accordance with article 3A, a relevant application for planning permission must be accompanied by particulars of—

(a) how the applicant complied with section 61W(1) of the 1990 Act;

(b) any responses to the consultation that were received by the applicant; and

(c) the account taken of those responses.

(3) In article 8 (general provisions in relation to applications) in paragraph (1) after sub-paragraph (b) insert—

(bb) in a case where pre-application consultation is required in accordance with article 3A, the particulars in article 3B;