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Advice to Flemmich Webb

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Enquiry

From
Flemmich Webb
Date advice given
30 June 2011
Enquiry type
Phone

Is pre-application consultation mandatory in connection with all applications for development consent? Will this duty remain once the IPC is abolished?

Advice given

Under the Planning Act 2008 (PA 2008), any schemes which constitute nationally significant infrastructure must be consulted on before an application is made. Under s.47, the developer must consult with people in the vicinity of the proposal under s.47 and with certain prescribed bodies and persons under s.42. Further information is available in CLGs 'Planning Act 2008: guidance on Pre-application Consultation'.

The Localism Bill, whcih will abolish the IPC, does not seek to significantly amend the provisions in PA 2008 pertaining to duties to consult.