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Cyngor i Burnley Borough Council

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Ymholiad

Oddiwrth
Burnley Borough Council
Y dyddiad y rhoddwyd y cyngor
21 Tachwedd 2011
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Burnley Borough Council asked about how statuory local authority consultees are indentified.

Cyngor a roddwyd

The IPC advised that the Planning Act 2008 provides that host local authorities, and local authorities which share a border with host local authorities, are statutory consultees on the adequacy of the applicant's pre-application consultation (and more widely on the project at other stages). The definition of "local authority" in S43(3) of the Act includes both county and district councils, and so a district council which borders the host county council is a statutory consultee despite potentially being at some distance from the site of the proposed development.

The IPC explained that it has no discretion as which local authorities fall within the definition in S43. As a result, even if host or neighbouring authority requests not to receive correspondence, the IPC is under a statutory obligation to consult them. (Though they are under no obligation to respond.) Similarly, the IPC cannot entertain requests to become a statutory local authority consultee from bodies that do not meet the definition in S43, particularly local authorities that do not share a border with a host authority, though of course they are happy to explain how such bodies can participate in the process.