Office of Public Sector Information
(1) The following provisions of this section apply where the Commission receives an application that purports to be an application for an order granting development consent.
(2) The Commission must, by the end of the period of 28 days beginning with the day after the day on which it receives the application, decide whether or not to accept the application.
(3) The Commission may accept the application only if the Commission concludes—
(a) that it is an application for an order granting development consent,
(b) that it complies with section 37(3) (form and contents of application) and with any standards set under section 37(5),
(c) that development consent is required for any of the development to which the application relates,
(d) that the application gives reasons for each respect in which any applicable guidance given under section 37(4) has not been followed in relation to it, and
(e) that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure).
(4) The Commission, when deciding whether it may reach the conclusion in subsection (3)(e), must have regard to—
(a) the consultation report received under section 37(3)(c),
(b) any adequacy of consultation representation received by it from a local authority consultee, and
(c) the extent to which the applicant has had regard to any guidance issued under section 50.
(5) In subsection (4)—
“local authority consultee” means—
a local authority consulted under section 42(b) about a proposed application that has become the application, or
the Greater London Authority if consulted under section 42(c) about that proposed application;
“adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant’s duties under sections 42, 47 and 48.
(6) If the Commission accepts the application, it must notify the applicant of the acceptance.
(7) If the Commission is of the view that it cannot accept the application, it must—
(a) notify that view to the applicant, and
(b) notify the applicant of its reasons for that view.
(8) If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.
(1) Subsections (2), (6) and (7) apply where the Commission accepts an application for an order granting development consent.
(2) The applicant must give notice of the application to—
(a) such persons as may be prescribed,
(b) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 102(5),
(c) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London, and
(d) each person who is within one or more of the categories set out in section 57.
(3) Notice under subsection (2) must be in such form and contain such matter, and be given in such manner, as may be prescribed.
(4) The applicant must, when giving notice to a person under subsection (2), notify the person of the deadline for receipt by the Commission of representations giving notice of the person’s interest in, or objection to, the application.
(5) A deadline notified under subsection (4) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice.
(6) The applicant must make available, to each person to whom notice is given under subsection (2), a copy of—
(a) the application, and
(b) the documents and information that were required by section 37(3)(d) to accompany the application.
(7) The applicant must publicise the application in the prescribed manner.
(8) Regulations made for the purposes of subsection (7) must, in particular, make provision for publicity under subsection (7) to include a deadline for receipt by the Commission of representations giving notice of persons' interests in, or objections to, the application.
(9) A deadline specified in accordance with subsection (8) does not apply to a person to whom notice is given under subsection (2).
(1) A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.
(2) A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—
(a) is interested in the land, or
(b) has power—
(i) to sell and convey the land, or
(ii) to release the land.
(3) An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.
(4) A person is within Category 3 if the applicant thinks that, if the order sought by the application were to be made and fully implemented, the person would or might be entitled—
(a) as a result of the implementing of the order,
(b) as a result of the order having been implemented, or
(c) as a result of use of the land once the order has been implemented,
to make a relevant claim.
This is subject to subsection (5).
(5) A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.
(6) In subsection (4) “relevant claim” means—
(a) a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);
(b) a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works).
(7) In this section “the land” means the land to which the application relates or any part of that land.
(1) Subsection (2) applies where—
(a) the Commission has accepted an application for an order granting development consent, and
(b) the applicant has complied with section 56 in relation to the application.
(2) The applicant must, in such form and manner as may be prescribed, certify to the Commission that the applicant has complied with section 56 in relation to the application.
(3) A person commits an offence if the person issues a certificate which—
(a) purports to be a certificate under subsection (2), and
(b) contains a statement which the person knows to be false or misleading in a material particular.
(4) A person commits an offence if the person recklessly issues a certificate which—
(a) purports to be a certificate under subsection (2), and
(b) contains a statement which is false or misleading in a material particular.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) A magistrates' court may try an information relating to an offence under this section whenever laid.
(7) Section 127 of the Magistrates' Courts Act 1980 (c. 43) has effect subject to subsection (6) of this section.
(1) This section applies where—
(a) the Commission has accepted an application for an order granting development consent, and
(b) the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).
(2) The applicant must give to the Commission a notice specifying the names, and such other information as may be prescribed, of each affected person.
(3) Notice under subsection (2) must be given in such form and manner as may be prescribed.
(4) A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.
(1) Subsection (2) applies where the Commission—
(a) has accepted an application for an order granting development consent, and
(b) has received—
(i) a certificate under section 58(2) in relation to the application, and
(ii) where section 59 applies, a notice under that section in relation to the application.
(2) The Commission must give notice in writing to each of the following, inviting them to submit a local impact report to it—
(a) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 102(5), and
(b) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.
(3) A “local impact report” is a report in writing giving details of the likely impact of the proposed development on the authority’s area (or any part of that area).
(4) “The proposed development” is the development for which the application seeks development consent.
(5) A notice under subsection (2) must specify the deadline for receipt by the Commission of the local impact report.
(1) Subsection (2) applies where the Commission—
(a) has accepted an application for an order granting development consent, and
(b) has received—
(i) a certificate under section 58(2) in relation to the application, and
(ii) where section 59 applies, a notice under that section in relation to the application.
(2) The person appointed to chair the Commission must decide whether the application—
(a) is to be handled by a Panel under Chapter 2, or
(b) is to be handled by a single Commissioner under Chapter 3.
(3) A person making a decision under subsection (2) must have regard to any guidance issued by the Secretary of State as to which applications to the Commission for orders granting development consent are to be handled by a Panel under Chapter 2 and which by a single Commissioner under Chapter 3.
(4) Before making a decision under subsection (2), the person making the decision must consult—
(a) the other Commissioners who, for the purpose of responding to consultation about the decision, are members of the Council,
(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and
(c) the chief executive of the Commission.
(5) In making a decision under subsection (2), the person making the decision must have regard to any views expressed—
(a) by any of the other Commissioners, or
(b) by the chief executive of the Commission,
as to whether the application concerned should be handled by a Panel under Chapter 2 or by a single Commissioner under Chapter 3.
(1) Subsection (2) applies where an application for an order granting development consent is being handled by a single Commissioner under Chapter 3.
(2) The person appointed to chair the Commission may decide that the application should instead be handled by a Panel under Chapter 2.
(3) A person making a decision under subsection (2) must have regard to any guidance issued by the Secretary of State as to which applications are to be handled by a Panel under Chapter 2 and which by a single Commissioner under Chapter 3.
(4) Before making a decision under subsection (2), the person making the decision must consult—
(a) the other Commissioners who, for the purpose of responding to consultation about the decision, are members of the Council,
(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and
(c) the chief executive of the Commission.
(5) In making a decision under subsection (2), the person making the decision must have regard to any views expressed—
(a) by any of the other Commissioners, or
(b) by the chief executive of the Commission,
as to whether the application concerned should be handled by a Panel under Chapter 2 instead of by a single Commissioner under Chapter 3.
(1) Subsections (2) and (3) apply to any function conferred or imposed by this Part on the person appointed to chair the Commission (“the chair”).
(2) The chair may delegate the function to a person appointed as a deputy to the chair (a “deputy”), subject to subsections (5) to (10).
(3) If at any time there is (apart from this subsection) no-one who is able and available to carry out the function, each deputy may carry out the function.
(4) A function delegated under subsection (2) may be delegated to such extent and on such terms as the chair determines.
(5) Where the chair is a member of a Panel under Chapter 2, the chair’s function under section 66(5)(a) in relation to the chair’s membership of the Panel is not exercisable by the chair but is exercisable by each deputy.
(6) Where the chair is the lead member of a Panel under Chapter 2, the chair’s function under section 66(5)(b) in relation to the chair’s holding of the office of lead member of that Panel is not exercisable by the chair but is exercisable by each deputy.
(7) Where the chair is the single Commissioner appointed to handle an application under Chapter 3, the chair’s function under section 80(3) in relation to the chair’s holding of the office of single Commissioner in relation to that application is not exercisable by the chair but is exercisable by each deputy.
(8) Where a deputy is a member of a Panel under Chapter 2, the chair’s function under section 66(5)(a) in relation to that deputy’s membership of the Panel may not be delegated under subsection (2) to that deputy.
(9) Where a deputy is the lead member of a Panel under Chapter 2, the chair’s function under section 66(5)(b) in relation to that deputy’s holding of the office of lead member of that Panel may not be delegated under subsection (2) to that deputy.
(10) Where a deputy is the single Commissioner appointed to handle an application under Chapter 3, the chair’s function under section 80(3) in relation to that deputy’s holding of the office of single Commissioner in relation to that application may not be delegated under subsection (2) to that deputy.
(1) This Chapter applies where—
(a) the Commission accepts an application for an order granting development consent, and
(b) under section 61(2) or 62(2), it is decided that the application is to be handled by a Panel under this Chapter.
(2) There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the application.
(1) The person appointed to chair the Commission must appoint—
(a) three or more Commissioners to be members of the Panel, and
(b) one of those Commissioners to chair the Panel.
(2) In this Chapter “the lead member” means the person who for the time being is appointed to chair the Panel.
(3) A person may under subsection (1) make a self-appointment.
(4) Before making an appointment under subsection (1), the person making the appointment must consult—
(a) the other Commissioners who, for the purpose of responding to consultation about the appointment, are members of the Council,
(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and
(c) the chief executive of the Commission.
(5) In making an appointment under subsection (1), the person making the appointment must have regard to any views expressed—
(a) by any of the other Commissioners, or
(b) by the chief executive of the Commission,
about how many or which Commissioners should be appointed to the Panel.
(1) A person ceases to be a member of the Panel if the person ceases to be a Commissioner, but this is subject to section 67.
(2) The person appointed to be the lead member ceases to hold that office if the person ceases to be a member of the Panel.
(3) A person may resign from membership of the Panel by giving notice in writing to the Commission.
(4) The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the Commission.
(5) The person appointed to chair the Commission (“the chair”)—
(a) may remove a person (“the Panel member”) from membership of the Panel if the chair is satisfied that the Panel member is unable, unwilling or unfit to perform the duties of Panel membership;
(b) may remove the lead member from that office, without also removing the lead member from membership of the Panel, if the chair is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.
(1) This section applies if—
(a) a person (“the ex-Commissioner”) ceases to hold office as a Commissioner (other than by being removed from office under paragraph 4(2) of Schedule 1),
(b) immediately before ceasing to hold office, the ex-Commissioner is—
(i) a member of the Panel, or
(ii) a member of the Panel and the lead member,
(c) the Panel is still handling the application at the time the ex-Commissioner ceases to hold office, and
(d) before ceasing to hold office, the ex-Commissioner elects to continue acting as a Commissioner in relation to the application.
(2) For the purpose of the application, the ex-Commissioner is to be treated as continuing to hold office until—
(a) the Panel has decided, or (as the case may be) reported to the Secretary of State on, the application, or
(b) (if earlier) the ex-Commissioner ceases to be a member of the Panel.
(3) For the purpose of any proceedings arising out of the application, the ex-Commissioner is to be treated as having continued to hold office until—
(a) the Panel had decided, or (as the case may be) reported to the Secretary of State on, the application, or
(b) (if earlier) the ex-Commissioner ceased to be a member of the Panel.
(4) An election under subsection (1)(d) is effective only if made in writing to each of the following—
(a) the chief executive of the Commission;
(b) the person appointed to chair the Commission, where the ex-Commissioner is not the person appointed to chair the Commission;
(c) the lead member of the Panel, where the ex-Commissioner is not the lead member of the Panel.
(1) Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).
(2) The person appointed to chair the Commission may appoint a Commissioner to be a member of the Panel.
(3) If at any time the Panel has only two members or a single member, it is the duty of the person appointed to chair the Commission to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least three members.
(4) A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.
(5) A person may under subsection (2) make a self-appointment.
(1) Subsection (2) applies where a person ceases to hold the office of lead member.
(2) The person appointed to chair the Commission must appoint a member of the Panel to chair the Panel.
(3) A person may be appointed under subsection (2) even though that person was not a member of the Panel when the vacancy arose.
(4) A person may under subsection (2) make a self-appointment.
(1) This section applies where the application relates to land in Wales (even if it also relates to land not in Wales).
(2) A person exercising power under section 65(1)(a) or 68(2) must do so with a view to securing that, if reasonably practicable, at least one of the members of the Panel is—
(a) a Commissioner who was nominated for appointment as a Commissioner by the Welsh Ministers, or
(b) a Commissioner who is within subsection (3).
(3) A Commissioner is within this subsection if, when appointed to be a member of the Panel, the Commissioner is one notified to the Commission by the Welsh Ministers as being a Commissioner who should be treated for the purposes of this section as being a Commissioner within subsection (2)(a).
(1) Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).
(2) A Commissioner who has handled the application under Chapter 3—
(a) may be appointed under section 65(1)(a) or 68(2) as a member of the Panel, and
(b) if a member of the Panel, may be appointed under section 65(1)(b) or 69(2) to chair the Panel.
(3) The Panel may, so far as it thinks appropriate, decide to treat things done by or in relation to a Commissioner in proceedings under Chapter 3 on the application as done by or in relation to the Panel.
(4) Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings under Chapter 3 on the application.
(1) If the Panel ceases to have any members, a new Panel must be constituted under section 65(1).
(2) At times after the new Panel has been constituted (but subject to the further application of this subsection in the event that the new Panel ceases to have any members), references in this Chapter to the Panel are to be read as references to the new Panel.
(3) The new Panel may, so far as it thinks appropriate, decide to treat things—
(a) done by or in relation to a previous Panel appointed to handle the application, or
(b) treated under section 71(3) as done by or in relation to a previous Panel appointed to handle the application,
as done by or in relation to the new Panel.
(4) Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings on the application up until the reconstitution of the Panel.
(5) The power under section 68(2) is not exercisable at times when the Panel has no members.
(1) The Panel’s continuing identity is to be taken not to be affected by—
(a) any change in the membership of the Panel;
(b) the Panel’s coming to have only two members or a single member;
(c) any change in the lead member;
(d) a vacancy in that office.
(2) When there is a change in the membership of the Panel, the lead member is under a duty to ensure that the membership of the Panel after the change has the necessary knowledge of the proceedings on the application up until the change.
(3) Subsection (2) does not apply where the change occurs as a result of the Panel being reconstituted as required by section 72(1).
(1) Where a national policy statement has effect in relation to development of the description to which the application relates, the Panel has the functions of—
(a) examining the application, and
(b) deciding the application.
(2) In any other case, the Panel has the functions of—
(a) examining the application, and
(b) making a report to the Secretary of State on the application setting out—
(i) the Panel’s findings and conclusions in respect of the application, and
(ii) the Panel’s recommendation as to the decision to be made on the application.
(3) The Panel’s functions under this section are to be carried out in accordance with Chapter 4.
(4) The staff of the Commission have the function of providing or procuring support for members of the Panel undertaking the Panel’s functions under this section.
(1) The making of a decision by the Panel requires the agreement of a majority of its members.
(2) The lead member has a second (or casting) vote in the event that the number of members of the Panel agreeing to a proposed decision is the same as the number of members not so agreeing.
(1) This section applies in relation to the Panel’s examination of the application.
(2) The Panel, as an alternative to itself undertaking a part of the examination, may allocate the undertaking of that part to any one or more of the members of the Panel.
(3) Where there is an allocation under subsection (2)—
(a) anything that under Chapter 4 is required or authorised to be done by or to the Panel in connection with the allocated part of the examination may be done by or to the member or members concerned (or by or to the Panel), and
(b) findings and conclusions of the member or members concerned in respect of the matters allocated are to be taken to be the Panel's.
(4) Subsection (3)(b) has effect subject to any decision of the Panel, made on the occasion of making the allocation or earlier, as to the status of any such findings or conclusions.
(5) Where there is an allocation under subsection (2) to two or more of the members of the Panel, the making of a decision by the members concerned requires the agreement of all of them.
Planning Act 2008