Planning, Development and Infrastructure Act 2016

A person may seek the opinion of a prescribed body under section 122 in relation to proposed development before lodging an application for planning consent with respect to the development.

If—

a proposed development is referred to a prescribed body under subsection (1);

and

the prescribed body agrees to consider the matter under this section after taking into account any matter prescribed by the regulations;

and

the prescribed body agrees, in the manner prescribed by the regulations, that the development meets the requirements (if any) of the prescribed body (including on the basis of the imposition of conditions), then, subject to subsection (4)—

if an application for planning consent with respect to the development is lodged with the relevant authority within the prescribed period after the prescribed body has indicated its agreement under paragraph (c);

and

if the relevant authority is satisfied that the application accords with the agreement indicated by the prescribed body (taking into account the terms or elements of that agreement and any relevant plans and other documentation), the application will not be referred to the prescribed body under section 122.

A prescribed body under section 122 may, in connection with the operation of subsections (1) and (2)—

require the payment of a fee prescribed by the regulations (if the prescribed body agrees to consider the matter under subsection (2)(b));

and

in relation to the proposed development—exercise any power (including the power to impose conditions) that it would be able to exercise if the development were to be referred to it under section 122.

Any agreement under this section will cease to have effect (and an application will need to be referred to a prescribed body under section 122 despite the operation of subsection (2)) if the relevant authority determines that the agreement is no longer appropriate due to the operation of section 132.

If—

a prescribed body had indicated its agreement under this section; and

an application is not referred to the prescribed body under section 122 by virtue of the operation of subsection (2) of this section, the process established by this section will be taken to be a referral under section 122 for the purposes of any other Act.