Statutory Instruments
2013 No. 2932
Town And Country Planning, England
The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013
Made
19th November 2013
Laid before Parliament
25th November 2013
Coming into force
17th December 2013
The Secretary of State, in exercise of the powers conferred by sections 59, 61W, 62, and 76C of the Town and Country Planning Act 1990(1), makes the following Order:
Citation, commencement, expiry and applicationI1
1.—(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(2) cease to have effect.
(3) This Order applies in relation to England only.
Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2010
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013I2
3.—(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(3) is amended as follows.
(2) After Part 1 (preliminary) insert—
“PART 1A 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;”.
Signed by authority of the Secretary of State for Communities and Local Government
Kris Hopkins
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th November 2013
1990 c. 8. Section 61W and subsection (8) of section 62 were inserted by section 122 of the Localism Act 2011 (c. 20) (“the Localism Act”), section 62 was substituted by section 42(1) of the Planning and Compulsory Purchase Act 2004 (c. 5), and section 76C was inserted by section 1(2) of, and paragraphs 1 and 5 of Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27).
2011 c. 20. The amendments made by section 122(1) and (2) of the Localism Act cease to have effect at the end of seven years beginning with the date on which the inserted section 61W(1) of the Town and Country Planning Act 1990 comes fully into force.