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Section 61W: England: requirement to carry out pre-application consultation

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

Where—

a person proposes to make an application for planning permission , or permission in principle, for the development of any land in England, and
the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

The person must consult each specified person about the proposed application.

Publicity under subsection (2) must—

set out how the person ("P") may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and
give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

In subsection (3) "specified person" means a person specified in, or of a description specified in, a development order.

Subsection (1) does not apply—

if the proposed application is an application under section 293A 293B, or
in cases specified in a development order.

A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.