Part 2Crown development applications

Chapter 2Consultation

Consultations before determination of application

article 20 + 20.—(1) Before determining a Crown development application for planning permission for development which, in the Secretary of State's opinion, falls within a category set out in the Table in Schedule 4 to the 2015 Order, the Secretary of State must consult the authority or person mentioned in relation to that category, except where—

article 20 1 a + (a)the Secretary of State is specified as the consultee,

article 20 1 b + (b)the Secretary of State is required to consult the authority so mentioned under article 21 of this Order,

article 20 1 c + (c)the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted, or

article 20 1 d + (d)the development proposed by the application falls within a category of development for which standing advice has been issued to the Secretary of State by the authority or person so mentioned in relation to that category of development.

(2) The exception in paragraph (1)(c) does not apply where, in the opinion of the Secretary of State, the development falls within paragraph (zb) of the Table in Schedule 4 to the 2015 Order(1).

(3) The exception in paragraph (1)(d) does not apply where—

article 20 3 a + (a)the development is EIA development, or

article 20 3 b + (b)the standing advice was issued more than 2 years before the date of the application for planning permission for the development and the advice has not been amended or confirmed as being extant by the authority or person within that period.

term the consultee + (4) Where, under this article, the Secretary of State is required to consult any authority or person (“the consultee”) before determining the application, the Secretary of State must send a copy of the application and any document accompanying it to the consultee, and inform them that they have a period of 21 days beginning with the day the application is sent to the consultee, or such other period as may be agreed in writing between the consultee and the Secretary of State, to make representations about the application.