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Advice to CCW

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Enquiry

From
CCW
Date advice given
24 November 2010
Enquiry type
Phone

Is there any flexibility or chance to extend a 28 day deadline for consultation under section 42 of the Planning Act, which includes preliminary environmental information? Or is the 28 days a statutory deadline which cannot be extended?

Advice given

The applicant has a duty to give the minimum of 28 days for a consultee to respond to any consultation documents - as stated under s.45(2). This can be a longer period of time if the applicant wishes. It is up to the Consultee to liase with the applicant for a longer deadline.

For future reference refer to sections 42-49 for the pre-application procedure in relation to Consultation. However, the promoter only has to have regard to relevant resopnses, which is partly defined in s 49 (3) (a) as one recieved before the deadline imposed by s45.