Part 2Applications

Consultation before determination of application

13.—(1) Before determining a urgent Crown development application for planning permission for development, the Secretary of State must consult such of the following persons whose interests the Secretary of State considers would be affected by the proposed development if granted planning permission—

(a)Natural England(1);

(b)the Environment Agency(2);

(c)National Highways Limited(3);

(d)the Coal Authority(4);

(e)the Historic Buildings and Monuments Commission for England(5);

(f)local highway authorities;

(g)the Health and Safety Executive(6).

(2) Where, by or under this article, the Secretary of State is required to consult any authority or person (“the consultee”) before granting planning permission—

(a)the Secretary of State must notify the consultee of—

(i)the website where the application has been published by the Secretary of State under article 9, and

(ii)the period within which any representations must be made to the Secretary of State about the application and the address to which representations must be sent

(b)subject to paragraph (3), the Secretary of State must not determine the application before the end of the period for representations notified under sub-paragraph (a).

(3) Paragraph (2)(b) does not apply if before the end of the period notified under paragraph (2)(a) the Secretary of State has received a substantive response (within the meaning of article 16) concerning the application from each consultee.

(4) The Secretary of State must, in determining the application, take into account any representations received from a consultee within the period notified under paragraph (2)(a).

(5) The Secretary of State may disregard any representations received after the end of the period notified under sub-paragraph (a) of paragraph (2).

(6) Article 14 contains additional consultation requirements for applications which are also EIA applications.