1. Section 51 advice
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Advice to Vattenfall

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Enquiry

From
Vattenfall
Date advice given
22 November 2010
Enquiry type
Phone

Whether or not neighbouring Local Authorities need to be consulted with in agreeing the Statement of Community Consultation.

Advice given

Further to our telephone conversation last week with regards to who applicants need to consult with in agreeing their Statement of Community Consultation, I can now inform you that the advice set out in paras. 52 and 53 of the CLG Guidance to Local Authorities is incorrect, since it does not reflect the correct statutory position under s.47 of the Planning Act 2008. CLG have confirmed that there is an error in the document at paragraphs 52 and 53 of Section 8 (consultation with neighbouring authorities) and that a correction notice will be issued in due course. In the meantime, please note that Section 47(2) of the Planning Act 2008 requires the promoter to consult only the local authority or authorities for the area where the land the subject of a possible scheme is situated before preparing a Statement of Community Consultation (SoCC). There is no legal requirement to consult neighbouring authorities about the SoCC.