Office of Public Sector Information
(1) The Secretary of State has the function of deciding an application for an order granting development consent where—
(a) in a case within section 74(2), the Secretary of State receives the Panel’s report on the application, or
(b) in a case within section 83(2)(b), the Secretary of State receives the single Commissioner’s report on the application.
(2) In this Act “decision-maker” in relation to an application for an order granting development consent—
(a) means the Panel that has the function of deciding the application, or
(b) where the Council or the Secretary of State has the function of deciding the application, means the Council or (as the case may be) the Secretary of State.
(1) This section applies in relation to an application for an order granting development consent if the decision-maker is a Panel or the Council.
(2) In deciding the application the Panel or Council must have regard to—
(a) any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),
(b) any local impact report (within the meaning given by section 60(3)) submitted to the Commission before the deadline specified in a notice under section 60(2),
(c) any matters prescribed in relation to development of the description to which the application relates, and
(d) any other matters which the Panel or Council thinks are both important and relevant to its decision.
(3) The Panel or Council must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.
(4) This subsection applies if the Panel or Council is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.
(5) This subsection applies if the Panel or Council is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the Panel or Council, or the Commission, being in breach of any duty imposed on it by or under any enactment.
(6) This subsection applies if the Panel or Council is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.
(7) This subsection applies if the Panel or Council is satisfied that the adverse impact of the proposed development would outweigh its benefits.
(8) This subsection applies if the Panel or Council is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.
(9) For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.
(1) This section applies in relation to an application for an order granting development consent if the decision-maker is the Secretary of State.
(2) In deciding the application the Secretary of State must have regard to—
(a) any local impact report (within the meaning given by section 60(3)) submitted to the Commission before the deadline specified in a notice under section 60(2),
(b) any matters prescribed in relation to development of the description to which the application relates, and
(c) any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State’s decision.
(1) In deciding an application for an order granting development consent, the decision-maker may disregard representations if the decision-maker considers that the representations—
(a) are vexatious or frivolous,
(b) relate to the merits of policy set out in a national policy statement, or
(c) relate to compensation for compulsory acquisition of land or of an interest in or right over land.
(2) In this section “representation” includes evidence.
(1) The decision-maker is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning with the day after the start day.
(2) The start day is—
(a) in a case where a Panel is the decision-maker, the deadline for the completion of its examination of the application under section 98;
(b) in a case where the Council is the decision-maker, the deadline for the completion of the single Commissioner’s examination of the application under section 98;
(c) in a case where the Secretary of State is the decision-maker by virtue of section 103(1), the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(2)(b);
(d) in a case where the Secretary of State is the decision-maker by virtue of section 113(2)(b), the deadline for the completion of the Secretary of State’s examination of the application under section 113(2)(a).
(3) The appropriate authority may set a date for the deadline under subsection (1) that is later than the date for the time being set.
(4) The appropriate authority is—
(a) in a case where a Panel or the Council is the decision-maker, the person appointed to chair the Commission;
(b) in a case where the Secretary of State is the decision-maker, the Secretary of State.
(5) The power under subsection (3) may be exercised—
(a) more than once in relation to the same deadline;
(b) after the date for the time being set for the deadline.
(6) Where the power under subsection (3) is exercised other than by the Secretary of State—
(a) the person exercising the power must notify the Secretary of State of what has been done and of the reasons for doing it, and
(b) the Commission’s report under paragraph 17 of Schedule 1 for the financial year in which the power is exercised must mention and explain what has been done.
(7) Where the power under subsection (3) is exercised by the Secretary of State, the Secretary of State must—
(a) notify each interested party of what has been done and of the reasons for doing it, and
(b) lay before Parliament a report explaining what has been done.
(8) A report under subsection (7)(b) must be published in such form and manner as the Secretary of State thinks appropriate.
(9) “Interested party” means a person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).
(1) This section applies where—
(a) an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect, and
(b) the Secretary of State thinks that, as a result of a change in circumstances since the national policy statement was first published or (if later) the statement or any part of it was last reviewed, all or part of the statement should be reviewed before the application is decided.
(2) The Secretary of State may direct that, until the review has been completed and the Secretary of State has complied with section 6(5) in relation to the review, the following are suspended—
(a) examination of the application by a Panel under Chapter 2 or a single Commissioner under Chapter 3 (if not already completed), and
(b) decision of the application by that Panel or (as the case may be) the Council.
(1) Section 112 applies by virtue of this section if—
(a) an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect,
(b) the Commission has accepted the application and has received a certificate under section 58(2), and (where section 59 applies) a notice under that section, in relation to the application, and
(c) the Secretary of State is satisfied that the condition in subsection (2) or (3) is met.
(2) The condition is that—
(a) since the time when the national policy statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any policy set out in the statement (“the relevant policy”) was decided,
(b) the change was not anticipated at that time,
(c) if the change had been anticipated at that time, the relevant policy would have been materially different,
(d) if the relevant policy was materially different, it would be likely to have a material effect on the decision on the application, and
(e) there is an urgent need in the national interest for the application to be decided before the national policy statement is reviewed.
(3) The condition is that—
(a) since the time when part of the national policy statement (“the relevant part”) was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part (“the relevant policy”) was decided,
(b) the change was not anticipated at that time,
(c) if the change had been anticipated at that time, the relevant policy would have been materially different,
(d) if the relevant policy was materially different, it would be likely to have a material effect on the decision on the application, and
(e) there is an urgent need in the national interest for the application to be decided before the relevant part is reviewed.
(4) In deciding whether the tests in subsection (2)(d) and (e), or (3)(d) and (e), are met, the Secretary of State must have regard to the views of the Commission.
Section 112 applies by virtue of this section if—
(a) an application is made for an order granting development consent,
(b) the Commission has accepted the application and has received a certificate under section 58(2) in relation to the application, and
(c) the Secretary of State is satisfied that intervention by the Secretary of State would be in the interests of defence or national security.
The Secretary of State may by order specify other circumstances in which section 112 is to apply in relation to an application for an order granting development consent.
(1) Where this section applies in relation to an application for an order granting development consent, the Secretary of State may direct that the application is to be referred to the Secretary of State.
(2) A direction under subsection (1) must be given by the end of the period of 4 weeks beginning with the day after the end of the meeting held under section 88(2).
(3) Subsection (2) does not apply if the Secretary of State thinks there are exceptional circumstances which justify a direction under subsection (1) being given at a later time.
(4) In a case where this section applies by virtue of section 109, a direction under subsection (1) must state the Secretary of State’s reasons for being satisfied that the condition in section 109(2) or (3) is met.
(1) This section applies if the Secretary of State gives a direction under section 112(1) in relation to an application.
(2) The Secretary of State has the functions of—
(a) examining the application, and
(b) deciding the application.
(3) The Secretary of State may discharge the function of examining the application by—
(a) directing the Commission to examine such matters as may be specified by the Secretary of State;
(b) conducting an examination of any matters in relation to which a direction under paragraph (a) is not given.
(4) Schedule 3 makes provision in relation to the Secretary of State’s function of examining an application under this section.
(5) An examination under subsection (3)(a) is to be conducted in accordance with paragraph 1 of Schedule 3.
(6) An examination under subsection (3)(b) is to be conducted in accordance with paragraph 2 of Schedule 3.
(7) Rules under paragraph 3 of Schedule 3 must provide for a deadline for the completion by the Secretary of State of—
(a) the examination of the application under subsection (2)(a);
(b) the examination of any matters under subsection (3)(b).
(8) The Secretary of State’s examination of the application is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and Tribunals Council).
(9) Subsection (5) of section 250 of the Local Government Act 1972 (c. 70) (provisions about costs applying where Minister causes a local inquiry to be held) applies in relation to the Secretary of State’s examination of the application as it applies in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Secretary of State.
This is subject to subsection (10).
(10) Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (provisions about expenses applying where Minister causes a local inquiry to be held) apply in relation to the Secretary of State’s examination of the application in so far as relating to a hearing held in Scotland as they apply in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Secretary of State.
(11) In subsection (10) “hearing” means—
(a) any meeting or hearing that the Secretary of State causes to be held for the purposes of the Secretary of State’s examination of the application, or
(b) a site visit.
(1) When it has decided an application for an order granting development consent, the decision-maker must either—
(a) make an order granting development consent, or
(b) refuse development consent.
(2) The Secretary of State may by regulations make provision regulating the procedure to be followed if the decision-maker proposes to make an order granting development consent on terms which are materially different from those proposed in the application.
(1) Development consent may be granted for development which is—
(a) development for which development consent is required, or
(b) associated development.
(2) “Associated development” means development which—
(a) is associated with the development within subsection (1)(a) (or any part of it),
(b) is not the construction or extension of one or more dwellings, and
(c) is within subsection (3) or (4).
(3) Development is within this subsection if it is to be carried out wholly in one or more of the following areas—
(a) England;
(b) waters adjacent to England up to the seaward limits of the territorial sea;
(c) in the case of development in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(4) Development is within this subsection if—
(a) it is to be carried out wholly in Wales,
(b) it is the carrying out or construction of surface works, boreholes or pipes, and
(c) the development within subsection (1)(a) with which it is associated is development within section 17(3).
(5) To the extent that development consent is granted for associated development, section 33 applies to the development as it applies to development for which development consent is required.
(6) In deciding whether development is associated development, a Panel or the Council must have regard to any guidance issued by the Secretary of State.
(1) The decision-maker must prepare a statement of its reasons for deciding to—
(a) make an order granting development consent, or
(b) refuse development consent.
(2) The appropriate authority must provide a copy of the statement to each person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).
(3) The appropriate authority must publish the statement in such manner as the authority thinks appropriate.
(4) In subsections (2) and (3) “the appropriate authority” means—
(a) the Commission where the decision-maker is a Panel or the Council;
(b) the Secretary of State where the decision-maker is the Secretary of State.
(1) This section applies in relation to an order granting development consent.
(2) If the order is made by a Panel or the Council it must be made in the name of the Commission.
(3) Except in a case within subsection (4), the appropriate authority must publish the order in such manner as the authority thinks appropriate.
(4) If the order includes provision made in the exercise of any of the powers conferred by section 120(5)(a) or (b), the order must be contained in a statutory instrument.
(5) If the instrument containing the order is made by a Panel or the Council in the name of the Commission, the Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument as if it had been made by a Minister of the Crown.
(6) As soon as practicable after the instrument is made, the appropriate authority must deposit in the office of the Clerk of the Parliaments a copy of—
(a) the instrument,
(b) the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and
(c) the statement of reasons prepared under section 116(1).
(7) In this section “the appropriate authority” means—
(a) the Commission where the decision-maker is a Panel or the Council;
(b) the Secretary of State where the decision-maker is the Secretary of State.
(1) A court may entertain proceedings for questioning an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with—
(i) the day on which the order is published, or
(ii) if later, the day on which the statement of reasons for making the order is published.
(2) A court may entertain proceedings for questioning a refusal of development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which the statement of reasons for the refusal is published.
(3) A court may entertain proceedings for questioning a decision of the Commission under section 55 not to accept an application for an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which the Commission notifies the applicant as required by subsection (7) of that section.
(4) A court may entertain proceedings for questioning a decision under paragraph 1 of Schedule 4 in relation to an error or omission in a decision document only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which a correction notice in respect of the error or omission is issued under paragraph 2 of that Schedule or, if the correction is required to be made by order contained in a statutory instrument, the day on which the order is published.
(5) A court may entertain proceedings for questioning a decision under paragraph 2(1) of Schedule 6 to make a change to an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the change is given under paragraph 2(12)(b) of that Schedule or, if the change to the order is required to be made by order contained in a statutory instrument, the day on which the order making the change is published.
(6) A court may entertain proceedings for questioning a decision under paragraph 3(1) of Schedule 6 to make a change to, or revoke, an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the change or revocation is given under paragraph 4(6) of that Schedule or, if the change or revocation is required to be made by order contained in a statutory instrument, the day on which the order making the change or revocation is published.
(7) A court may entertain proceedings for questioning anything else done, or omitted to be done, by the Secretary of State or the Commission in relation to an application for an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the relevant day.
(8) “The relevant day”, in relation to an application for an order granting development consent, means the day on which—
(a) the application is withdrawn,
(b) the order granting development consent is published or (if later) the statement of reasons for making the order is published, or
(c) the statement of reasons for the refusal of development consent is published.
(9) Subsections (7) and (8) do not apply in relation to—
(a) a failure to decide an application for an order granting development consent, or
(b) anything which delays (or is likely to delay) the decision on such an application.
Schedule 4 (correction of errors in development consent decisions) has effect.
Planning Act 2008