Cyngor i Cognisant Research

Ymholiad

• Oddiwrth: Cognisant Research
• Y dyddiad y rhoddwyd y cyngor: 5 Hydref 2010
• Math o ymholiad: Phone

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

Cyngor a roddwyd

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.