Advice to Sara Pasha

Enquiry

• From: Sara Pasha
• Date advice given: 6 July 2011
• Enquiry type: Phone

What consultation is required under the Localism Bill?

Is consultation a statutory requirement?

Advice given

At present the IPC operates under the Planning Act 2008 (PA2008). The consultation requirements that a developer will have to carry out at pre-application are set out in sections 42 to 49 PA2008. For an application to be accepted to go forward to examination, they must have met the requirements for consultation set out in PA2008 and relevant secondary legislation.

If the Localism Bill is enacted according to the government's plans, it will come into force in April 2012. None of the currently proposed changes to PA2008 in the Localism Bill would fundamentally change the procedure for obtaining development consent. In particular, the Bill does not seek to amend significantly the provisions in PA 2008 pertaining to duties to consult.

At present, at the end of the IPC examination process, either the relevant Secretary of State or IPC Commissioners will decide whether or not to grant a Development Consent Order for the proposal (depending on whether or not a relevant National Policy Statement has been designated). Once the Localism Bill comes into force, the decision maker will always be the relevant Secretary of State. The Examinig Authority (the commissioner(s)) will have 3 months after the end of the examination period to write a report of recommendation to the Secretary of State (SoS) who will then have a further 3 months to make a decision based on that recommendation.

For further information on how the process works please do not hestitate to get in touch again.