Planning Act 2008

Chapter 1 Applications

37 Applications for orders granting development consent

(1) An order granting development consent may be made only if an application is made for it.

(2) An application for an order granting development consent must be made to the Commission.

(3) An application for an order granting development consent must—

(a) specify the development to which it relates,

(b) be made in the prescribed form,

(c) be accompanied by the consultation report, and

(d) be accompanied by documents and information of a prescribed description.

(4) The Commission may give guidance about how the requirements under subsection (3) are to be complied with.

(5) The Commission may set standards for—

(a) the preparation of a document required by subsection (3)(d);

(b) the coverage in such a document of a matter falling to be dealt with in it;

(c) all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).

(6) The Commission must publish, in such manner as it thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).

(7) In subsection (3)(c) “the consultation report” means a report giving details of—

(a) what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,

(b) any relevant responses, and

(c) the account taken of any relevant responses.

(8) In subsection (7) “relevant response” has the meaning given by section 49(3).

38 Model provisions

(1) The Secretary of State may by order prescribe model provisions for incorporation in a draft order which may be required (in accordance with regulations made under section 37(3)(d)) to accompany an application for an order granting development consent.

(2) The Commission must have regard to any model provisions prescribed by an order under subsection (1) when exercising its power to make an order granting development consent.

(3) The fact that a model provision has been prescribed by an order under subsection (1) does not make it mandatory for a provision in the terms of the model to be included in—

(a) a draft order, or

(b) an order granting development consent.

39 Register of applications

(1) The Commission is to maintain a register of applications received by it for orders granting development consent (“the register”).

(2) Where the Commission receives an application for an order granting development consent, it must cause details of the application to be entered in the register.

(3) The Commission must publish the register or make arrangements for inspection of the register by the public.

(4) The Commission must make arrangements for inspection by the public of—

(a) applications received by the Commission for orders granting development consent,

(b) consultation reports received by the Commission under section 37(3)(c), and

(c) accompanying documents and information received by the Commission under section 37(3)(d).

40 Applications by the Crown for orders granting development consent

(1) This section applies to an application for an order granting development consent made by or on behalf of the Crown.

(2) The Secretary of State may by regulations modify or exclude any statutory provision relating to—

(a) the procedure to be followed before such an application is made;

(b) the making of such an application;

(c) the decision-making process for such an application.

(3) A statutory provision is a provision contained in or having effect under this Act or any other enactment.