Part 5, Chapter 1 – Applications
Section 37: Applications for order granting development consent
109.This section sets out that where development consent is required under the new single consent regime, promoters of nationally significant infrastructure projects will need to submit an application to the Commission. The application must be in the prescribed form, and be accompanied by the consultation report and such other documents and information as are prescribed. The Commission has the power to give guidance in connection with applications.
Sections 38: Model provisions
110.This section allows the Secretary of State to prescribe model provisions that developers may use if required to prepare a draft order to accompany an application for an order granting development consent. The Commission must have regard to any model provisions when making an order granting development consent. A similar power to issue model clauses already exists in section 8 of the Transport and Works Act 1992 (see the Transport and Works (Model Clauses for Railways and Tramways) Regulations 2006, SI 2006/1954), and model clauses are used extensively by promoters.
Section 39: Register of applications
111.The section requires the Commission to maintain a register of applications for orders granting development consent and to publish this register or make arrangements for its inspection by the public.
Section 40: Applications by Crown for orders granting development consent
112.This section allows the Secretary of State by regulations to modify or exclude certain statutory provisions in relation to applications made by the Crown for an order granting development consent. Regulations may relate to:
the procedure to be followed before such applications are made;
the making of such applications;
the decision-making process.
