- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
12.—(1) An application made before 1st October 2011 shall be deemed to have met the requirements of section 55(3)(e) if the Commission is satisfied that before making the application the applicant has, on or after 1st October 2007 but before 1st October 2009—
(a)commenced consultation with the persons set out in section 42 (including those persons listed in the table in Schedule 1 in the circumstances set out in column 2) about the proposed application;
(b)commenced consultation with people living in the vicinity of the land about the proposed application, having first consulted the local authority about how to conduct the consultation; and
(c)publicised the proposed application in a manner which, had regulation 4 been in force at the date of such publication, would have substantially fulfilled the requirements of that regulation.
(2) If paragraph (1) has been complied with, the applicant must submit with the application a report—
(a)detailing the consultation carried out under paragraph (1)(b); and
(b)demonstrating how any relevant responses to the consultation have been taken into account when deciding the terms of the application.
(3) Any applicant relying on the provisions in this regulation shall notify the Commission of the proposed application before any application is submitted.
(4) (a) In this regulation—
“the land” means the land to which the proposed application relates or any part of the land; and
“relevant response” means—
a response from a person consulted under paragraphs (1)(a) and (b) that is received by the applicant before any applicable deadline; and
any response to publicity under paragraph (1)(c) that is received by the applicant before any applicable deadline.
the applicable deadline must be no less than 28 days following the last date that a proposed application was published.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: