Skip to main content
Find a National Infrastructure Project

Beta This is a beta service - your feedback will help us to improve it

Advice to Cognisant Research

Back to list

Enquiry

From
Cognisant Research
Date advice given
5 October 2010
Enquiry type
Phone

Developers are required to fund all consultation activities, including any evaluation undertaken by the relevant Local Authority. Is this accurate?

Advice given

Statutory pre-application consultation under sections 42, 47 and 48 of the Planning Act 2008 (the Act) is a duty on the promoter/developer, so it for them to determine how to fund such activities. There is no provision in the Act or associated secondary legislation or guidance for the statutory payment of fees by promoters or any other party to Local Authorities at the pre-application stage.

However, promoters and Local Authorities may enter into Planning Performance Agreements (PPAs). The IPC is not involved in negotiations around PPAs, nor a signatory thereof. PPAs are legal agreements distinct from applications for development consent and any fee regimes introduced by the Act.