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Section 138: Procedural changes relating to applications for development consent

Localism Act 2011 · 2011 c. 20View on legislation.gov.uk

Part 6: Planning — CHAPTER 6: Nationally significant infrastructure projects

The Planning Act 2008 is amended as follows.

In section 56(2) (persons to be notified of the acceptance of an application for an order granting development consent) for paragraph (b) (relevant local authorities under section 102(5)) substitute—

After section 56 insert—

In section 60(2) (persons who the Commission must invite to submit local impact reports) for paragraph (a) (relevant local authorities under section 102(5)) substitute—

In section 88 (initial assessment of issues, and preliminary meeting)—

in subsection (3) (persons who must be invited to preliminary meeting) omit the "and" at the end of paragraph (a),
in that subsection after paragraph (b) insert—ceach statutory party, anddeach local authority that is within section 88A,, and
after that subsection insert—3AIn subsection (3)(c) "statutory party" means a person specified in, or of a description specified in, regulations made by the Secretary of State.

After section 88 insert—

In section 89 (Examining authority's decisions about how application is to be examined and the notification of those decisions to parties) after subsection (2) insert—

In section 102 (interpretation of Chapter 4: "interested party" and other expressions)—

in subsection (1) for paragraph (b) (statutory party is interested party) substitute—aathe person has been notified of the acceptance of the application in accordance with section 56(2)(d),abthe Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,,
in subsection (1) for paragraph (c) (relevant local authority is interested party) insert—cthe person is a local authority in whose area the land is located,cathe person—iis mentioned in section 88(3)(c) or (d), andiihas notified the Examining authority as mentioned in section 89(2A)(b),,
after subsection (1) (definition of interested party) insert—1ZABut a person ceases to be an "interested party" for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.,
omit subsection (3) (definition of statutory party),
omit subsections (5) to (7) (which further define the local authorities that are relevant local authorities), and
in subsection (8) (definition of local authority) for "subsections (5) to (7)" substitute ." subsection (1)(c) "

After section 102 insert—

In Schedule 12 (application of Act to Scotland: modifications) after paragraph 9 insert—

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