Commentary on Sections Part 6: Compensation Section 189: Compensation: decision taken by council or Department where consultee fails to respond under section 229.
A statutory consultee is required, under section 229, to respond (within a specified timeframe) when a council or the Department is determining a planning application.  If a council or the Department determines the application without this response, and if it is  later necessary to revoke or modify the permission because of information received in a subsequent response, the consultee’s sponsoring Department (if any) must pay to a council the amount of any compensation payable.