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David no shambles there’s just a big difference between a required consultation in planning legislation and the many many other bits of legislation that a Council takes care of that the Council as LPA can choose to consult on or make their own consideration of to the extent they think fit. The legal entity that is the LPA is normally a sub set of the Council but is NOT bound to act as if it were the Council only as it was the LPA. When other bodies act like an LPA they will probably read the requirements of an LPA somewhat differently to a Council. Entire legal careers are made on designing planning legislation and arguing planning procedure, law and case law. Its important to know the shades from legally required to discretionary etc to prevent assumptions creeping in that are not necessarily applicable all the time. I do expect more agents etc to challenge the need for and wording of pre-commencement and prior to use conditions for all the discretionary consultation matters ie Air Quality, Contamination, noise etc. I would not be surprised if prior to use commencing conditions face similar restrictions to pre-commencement conditions as its too obvious a wheeze to leave out there. Regards Martin Wright Senior Regulatory Services Officer Regulatory Services Cheshire West and Chester Council Tel: 01606 288664 Email: [log in to unmask]<mailto:[log in to unmask]> Location: 1st Floor, Wyvern House, The Drumber, Winsford, Cheshire, CW7 1AH Visit: cheshirewestandchester.gov.uk<http://www.cheshirewestandchester.gov.uk/> Textphone (for hearing impaired, deaf and speech impaired customers) 01606 867 670 Fax 01606 867885 ************************************************************************ Disclaimer: If you are not the intended recipient of this email (and any attachment), please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted. The views expressed by the author do not necessarily reflect the views or policies of Cheshire West and Chester Borough Council. The Council cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks. Cheshire West and Chester Borough Council may monitor emails and as a public sector organisation; the Council may disclose this email (or any response to it) under the Freedom of Information Act 2000. Contracts cannot be concluded with the Council nor service effected by email, unless otherwise expressly agreed. The contents of this e-mail may be subject to privilege. ************************************************************************ ######################################################################## To unsubscribe from the CONTAMINATED-LAND-STRATEGIES list, click the following link: https://www.jiscmail.ac.uk/cgi-bin/webadmin?SUBED1=CONTAMINATED-LAND-STRATEGIES&A=1