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Planning Act 2008

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Point in time view as at 26/12/2023.

Changes to legislation:

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Part 6E+W+SDeciding applications for orders granting development consent

Chapter 1E+W+SHandling of application by Commission

55Acceptance of applicationsE+W+S

(1)The following provisions of this section apply where the [F1Secretary of State] receives an application that purports to be an application for an order granting development consent.

(2)The [F1Secretary of State] must, by the end of the period of 28 days beginning with the day after the day on which [F2the Secretary of State] receives the application, decide whether or not to accept the application.

(3)The [F1Secretary of State] may accept the application only if the [F1Secretary of State] concludes—

(a)that it is an application for an order granting development consent,

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)that development consent is required for any of the development to which the application relates,

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)[F5, and

(f)that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.]

(4)The [F1Secretary of State], when deciding whether [F6the Secretary of State] 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 [F6the Secretary of State] 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)

    a local authority consulted under [F7section 42(1)(b) ] about a proposed application that has become the application, or

    (b)

    the Greater London Authority if consulted under [F8section 42(1)(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.

[F9(5A)The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

(a)the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

(b)any applicable guidance given under section 37(4) has been followed in relation to the application.]

(6)If the [F1Secretary of State] accepts the application, [F10the Secretary of State] must notify the applicant of the acceptance.

(7)If the [F1Secretary of State] is of the view that [F11the application cannot be accepted, the Secretary of State] must—

(a)notify that view to the applicant, and

(b)notify the applicant of [F12the Secretary of State's] 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.

Textual Amendments

F2Words in s. 55(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F5S. 55(3)(f) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F6Words in s. 55(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F9S. 55(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F10Words in s. 55(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F12Words in s. 55(7)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(b); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 55 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

56Notifying persons of accepted applicationE+W+S

(1)Subsections (2), (6) and (7) apply where the [F13Secretary of State] 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,

[F14(aa)the Marine Management Organisation, in any case where the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (2A),]

[F15(b)each local authority that is within section 56A,]

(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.

[F16(2A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

(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 [F13Secretary of State] 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 [F13Secretary of State] 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).

Textual Amendments

F15S. 56(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I2S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 241

I3S. 56 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

[F1756ALocal authorities for the purposes of sections 56(2)(b) and 60(2)(a)E+W+S

(1)A local authority is within this section if the land is in the authority's area.

(2)A local authority (“A”) is within this section if—

(a)the land is in the area of another local authority (“B”),

(b)B is a unitary council or a lower-tier district council, and

(c)any part of the boundary of A's area is also a part of the boundary of B's area.

(3)If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.

(4)In this section—

  • “the land” means the land to which the application concerned relates or any part of that land;

  • “local authority” has the meaning given in section 102(8);

  • “lower-tier district council” means a district council in England for an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.]

Textual Amendments

57Categories for purposes of section 56(2)(d)E+W+S

(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)[F18;

(c)a claim under section 152(3).]

(7)In this section “the land” means the land to which the application relates or any part of that land.

Textual Amendments

F18S. 57(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I4S. 57 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

58Certifying compliance with section 56E+W+S

(1)Subsection (2) applies where—

(a)the [F19Secretary of State] 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 [F20Secretary of State] 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.

Textual Amendments

Commencement Information

I5S. 58 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

59Notice of persons interested in land to which compulsory acquisition request relatesE+W+S

(1)This section applies where—

(a)the [F21Secretary of State] 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 [F22Secretary of State] 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.

Textual Amendments

Commencement Information

I6S. 59 partly in force; s. 59 in force for certain purposes at Royal Assent see s. 241

I7S. 59 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

60Local impact reportsE+W+S

(1)Subsection (2) applies where the [F23Secretary of State] —

(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 [F23Secretary of State] must give notice in writing to each of the following, inviting them to submit a local impact report [F24to the Secretary of State] —

[F25(a)each local authority that is within section 56A, 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 [F23Secretary of State] of the local impact report.

Textual Amendments

F24Words in s. 60(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 17(3); S.I. 2012/628, art. 7(a)

Commencement Information

I8S. 60 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

61Initial choice of Panel or single [F26appointed person]E+W+S

[F27(1)Subsection (2) applies where the Secretary of State has accepted an application for an order granting development consent.]

[F28(2)The Secretary of State 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 appointed person under Chapter 3.

(3)The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).]

Textual Amendments

F26Words in s. 61 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(4); S.I. 2012/628, art. 7(a)

F27S. 61(1) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 26, 57(5)(a); S.I. 2015/758, reg. 2 (with art. 4(2))

F28S. 61(2)(3) substituted for s. 61(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(3); S.I. 2012/628, art. 7(a)

Commencement Information

I9S. 61 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

62Switching from single [F29appointed person] to PanelE+W+S

(1)Subsection (2) applies where an application for an order granting development consent is being handled by a single [F30appointed person] under Chapter 3.

[F31(2)The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.

(3)The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).]

Textual Amendments

F29Words in s. 62 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(2); S.I. 2012/628, art. 7(a)

F30Words in s. 62(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(2); S.I. 2012/628, art. 7(a)

F31S. 62(2)(3) substituted for s. 62(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(1)(3); S.I. 2012/628, art. 7(a)

Commencement Information

I10S. 62 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F3263Delegation of functions by person appointed to chair CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 2E+W+SThe Panel procedure

PanelsE+W+S

64Panel for each application to be handled under this ChapterE+W+S

(1)This Chapter applies where—

(a)the [F33Secretary of State] 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.

Textual Amendments

Commencement Information

I11S. 64 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

65Appointment of members, and lead member, of PanelE+W+S

[F34(1)The Secretary of State must appoint—

(a)[F35two,] three, four or five persons to be members of the Panel, and

(b)one of those persons 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.

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12S. 65 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

66Ceasing to be member, or lead member, of PanelE+W+S

F37(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F38Secretary of State].

(4)The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the [F39Secretary of State].

(5)The [F40Secretary of State]—

(a)may remove a person (“the Panel member”) from membership of the Panel if the [F41Secretary of State] 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 [F42Secretary of State] is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.

Textual Amendments

F38Words in s. 66(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(3); S.I. 2012/628, art. 7(a)

F39Words in s. 66(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(3); S.I. 2012/628, art. 7(a)

F41Words in s. 66(5)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)

F42Words in s. 66(5)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)

Commencement Information

I13S. 66 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F4367Panel member continuing though ceasing to be CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

68Additional appointments to PanelE+W+S

(1)Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).

[F44(2)The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.]

(3)If at any time the Panel has only F45... a single member, it is the duty of the [F46Secretary of State] to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least [F47two] 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.

F48(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Words in s. 68(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 25(3); S.I. 2012/628, art. 7(a)

Commencement Information

I14S. 68 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

69Replacement of lead member of PanelE+W+S

(1)Subsection (2) applies where a person ceases to hold the office of lead member.

(2)The [F49Secretary of State] 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.

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15S. 69 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F5170Membership of Panel where application relates to land in WalesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

71Supplementary provision where Panel replaces single [F52appointed person] E+W+S

(1)Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).

(2)[F53An appointed person] —

(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 [F54an appointed person] 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.

[F55(5)In this section “appointed person” means a person appointed to handle the application under Chapter 3.]

Textual Amendments

F52Words in s. 71 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(5); S.I. 2012/628, art. 7(a)

Commencement Information

I16S. 71 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

72Panel ceasing to have any membersE+W+S

(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.

Commencement Information

I17S. 72 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

73Consequences of changes in PanelE+W+S

(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 F56... 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).

Textual Amendments

Commencement Information

I18S. 73 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Panel's role in relation to applicationE+W+S

74Panel to decide, or make recommendation in respect of, applicationE+W+S

F57(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F58The 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.

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I19S. 74 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

75Decision-making by the PanelE+W+S

[F60(A1)If the members of a Panel with two members disagree as to a proposed decision by the Panel, the view of the lead member is to prevail.]

(1)The making of a decision by [F61a Panel with three or more members] 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.

Textual Amendments

Commencement Information

I20S. 75 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

76Allocation within Panel of Panel's functionsE+W+S

(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.

Commencement Information

I21S. 76 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

77Exercise of Panel's powers for examining applicationE+W+S

(1)In this section “procedural power” means any power conferred on the Panel for the purposes of its examination of the application.

(2)A procedural power, as well as being exercisable by the Panel itself, is also (subject to subsection (3)) exercisable by any one or more of the members of the Panel.

(3)The Panel may decide to restrict or prohibit the exercise of a procedural power otherwise than by the Panel itself.

(4)Subsection (2)—

(a)applies whether or not there is an allocation under section 76(2), and

(b)where there is such an allocation, is in addition to section 76(3)(a).

(5)Subsection (3) does not authorise curtailment of a power conferred by section 76(3)(a).

Commencement Information

I22S. 77 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Chapter 3E+W+SThe [F62single-appointed-person] procedure

Textual Amendments

F62Words in Pt. 6 Ch. 3 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(6); S.I. 2012/628, art. 7(a)

The single [F63appointed person] E+W+S

Textual Amendments

F63Words in s. 78 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)

78Single [F64appointed person] to handle applicationE+W+S

(1)This Chapter applies where—

(a)the [F65Secretary of State] accepts an application for an order granting development consent, and

(b)under section 61(2), it is decided that the application is to be handled by a single [F66appointed person] under this Chapter.

(2)In this Chapter “the single [F67appointed person]” means the person who is appointed to handle the application under this Chapter.

Textual Amendments

F64Words in s. 78 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)

F65Words in s. 78(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(2); S.I. 2012/628, art. 7(a)

F66Words in s. 78(1)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(3); S.I. 2012/628, art. 7(a)

F67Words in s. 78(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(4); S.I. 2012/628, art. 7(a)

Commencement Information

I23S. 78 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F6879Appointment of single appointed personE+W+S

The Secretary of State must appoint a person to handle the application.]

Textual Amendments

80Ceasing to be the single [F69appointed person] E+W+S

F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person may resign from being the single [F71appointed person] by giving notice in writing to the [F72Secretary of State].

(3)The [F73Secretary of State] may remove a person (“the appointee”) from being the single [F74appointed person] [F75if the Secretary of State] is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single [F74appointed person].

Textual Amendments

F69Words in s. 80 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(5); S.I. 2012/628, art. 7(a)

Commencement Information

I24S. 80 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F7681Single Commissioner continuing though ceasing to be CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

82Appointment of replacement single [F77appointed person] E+W+S

(1)Where a person ceases to be the single [F77appointed person], a new appointment of a person to handle the application must be made under section 79.

(2)Where that happens, the new single [F77appointed person] may, so far as may be appropriate, decide to treat things done by or in relation to any previous single [F77appointed person] as done by or in relation to the new single [F77appointed person].

(3)Where the single [F77appointed person] makes a decision under subsection (2), the single [F77appointed person] is under a duty to acquire the necessary knowledge of the previous proceedings on the application.

Textual Amendments

Commencement Information

I25S. 82 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Single [F78appointed person]’s role in relation to applicationE+W+S

Textual Amendments

F78Words in s. 83 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

83Single [F79appointed person] to examine and report on applicationE+W+S

(1)The single [F80appointed person] has the functions of—

(a)examining the application, and

(b)making a report [F81to the Secretary of State] on the application setting out—

(i)the single [F80appointed person]’s findings and conclusions in respect of the application, and

(ii)the single [F80appointed person]’s recommendation as to the decision to be made on the application.

F82(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The single [F83appointed person]’s functions under subsection (1) are to be carried out in accordance with Chapter 4.

F84(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79Words in s. 83 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

F80Words in s. 83(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

F81Words in s. 83(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(3); S.I. 2012/628, art. 7(a)

F83Words in s. 83(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

Commencement Information

I26S. 83 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F8584Report from single Commissioner to be referred to CouncilE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F8585Decisions made by the Council on the applicationE+W+S

(1)This section applies to decisions made by the Council in deciding the application.

(2)At least five members of the Council must participate in making a decision.

(3)The making of a decision requires the agreement of a majority of the members of the Council who are participating in making it.

(4)The person chairing the Council has a second (or casting) vote in the event that the number of members of the Council agreeing to a proposed decision is the same as the number of members not so agreeing.

Textual Amendments

F85Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

Chapter 4E+W+SExamination of applications under Chapter 2 or 3

86Chapter applies to examination by Panel or single [F86appointed person] E+W+S

(1)This Chapter applies—

(a)in relation to the examination of an application by a Panel under Chapter 2, and

(b)in relation to the examination of an application by a single [F87appointed person] under Chapter 3.

(2)In this Chapter as it applies in relation to the examination of an application by a Panel under Chapter 2, “the Examining authority” means the Panel.

(3)In this Chapter as it applies in relation to the examination of an application by a single [F87appointed person] under Chapter 3, “the Examining authority” means the single [F87appointed person].

Textual Amendments

Commencement Information

I27S. 86 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

87Examining authority to control examination of applicationE+W+S

(1)It is for the Examining authority to decide how to examine the application.

(2)The Examining authority, in making any decision about how the application is to be examined, must—

(a)comply with—

(i)the following provisions of this Chapter, and

(ii)any rules made under section 97, and

F88(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Examining authority may in examining the application disregard representations if the Examining authority 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.

Textual Amendments

Commencement Information

I28S. 87 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

88Initial assessment of issues, and preliminary meetingE+W+S

(1)The Examining authority must make such an initial assessment of the principal issues arising on the application as the Examining authority thinks appropriate.

(2)After making that assessment, the Examining authority must hold a meeting.

(3)The Examining authority must invite to the meeting—

(a)the applicant, F89...

(b)each other interested party,

[F90(c)each statutory party, and

(d)each local authority that is within section 88A,]

whether or not the Examining authority is required by rules under section 97, or chooses, also to invite other persons.

[F91(3A)In subsection (3)(c) “statutory party” means a person specified in, or of a description specified in, regulations made by the Secretary of State.]

(4)The purposes of the meeting are—

(a)to enable invitees present at the meeting to make representations to the Examining authority about how the application should be examined,

(b)to discuss any other matter that the Examining authority wishes to discuss, and

(c)any other purpose that may be specified in rules under section 97.

(5)Subsections (2) to (4) do not prevent the Examining authority holding other meetings.

(6)Rules under section 97—

(a)may (in particular) make provision supplementing subsections (1) to (4), and

(b)must make provision as to when the assessment under subsection (1) is to be made and as to when the meeting required by subsection (2) is to be held.

Textual Amendments

F89Word in s. 88(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(a), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

F90S. 88(3)(c)(d) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(b), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

F91S. 88(3A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(c), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

Commencement Information

I29S. 88 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F9288ALocal authorities for the purposes of section 88(3)(d)E+W+S

(1)A local authority (“A”) is within this section if—

(a)the land is in the area of another local authority (“B”),

(b)B is a unitary council or a lower-tier district council, and

(c)any part of the boundary of A's area is also a part of the boundary of B's area.

(2)If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.

(3)In this section—

  • “the land” means the land to which the application relates or any part of that land;

  • “local authority” has the meaning given in section 102(8);

  • “lower-tier district council” means a district council in England for an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.]

Textual Amendments

89Examining authority's decisions about how application is to be examinedE+W+S

(1)The Examining authority must in the light of the discussion at the meeting held under section 88(2) make such procedural decisions as the Examining authority thinks appropriate.

(2)The decisions required by subsection (1) may be made at or after the meeting.

[F93(2A)Upon making the decisions required by subsection (1), the Examining authority must inform each person mentioned in section 88(3)(c) and (d)—

(a)of those decisions, and

(b)that the person may notify the Examining authority in writing that the person is to become an interested party.]

(3)The Examining authority may make procedural decisions otherwise than as required by subsection (1), and may do so at any time before or after the meeting.

(4)The Examining authority must inform each interested party of any procedural decision made by the Examining authority.

(5)In this section “procedural decision” means a decision about how the application is to be examined.

Textual Amendments

Commencement Information

I30S. 89 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

90Written representationsE+W+S

(1)The Examining authority's examination of the application is to take the form of consideration of written representations about the application.

(2)Subsection (1) has effect subject to—

(a)any requirement under section 91, 92 or 93 to cause a hearing to be held, and

(b)any decision by the Examining authority that any part of the examination is to take a form that is neither—

(i)consideration of written representations, nor

(ii)consideration of oral representations made at a hearing.

(3)Rules under section 97 may (in particular) specify written representations about the application which are to be, or which may be or may not be, considered under subsection (1).

Commencement Information

I31S. 90 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

91Hearings about specific issuesE+W+S

(1)Subsections (2) and (3) apply where the Examining authority decides that it is necessary for the Examining authority's examination of the application to include the consideration of oral representations about a particular issue made at a hearing in order to ensure—

(a)adequate examination of the issue, or

(b)that an interested party has a fair chance to put the party's case.

(2)The Examining authority must cause a hearing to be held for the purpose of receiving oral representations about the issue.

(3)At the hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the issue.

(4)Where the Examining authority is a Panel acting under Chapter 2, any two or more hearings under subsection (2) may be held concurrently.

Commencement Information

I32S. 91 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

92Compulsory acquisition hearingsE+W+S

(1)This section applies where 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 Examining authority must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the [F94Secretary of State] that the person wishes a compulsory acquisition hearing to be held.

(3)If the [F94Secretary of State] receives notification from at least one affected person before the deadline, the Examining authority must cause a compulsory acquisition hearing to be held.

(4)At a compulsory acquisition hearing, the following are entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—

(a)the applicant;

(b)each affected person.

(5)A person is an “affected person” for the purposes of this section if the person's name has been given to the [F94Secretary of State] in a notice under section 59.

Textual Amendments

Commencement Information

I33S. 92 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

93Open-floor hearingsE+W+S

(1)The Examining authority must fix, and cause the interested parties to be informed of, the deadline by which an interested party must notify the [F95Secretary of State] of the party's wish to be heard at an open-floor hearing.

(2)If the [F95Secretary of State] receives notification from at least one interested party before the deadline, the Examining authority must cause an open-floor hearing to be held.

(3)At an open-floor hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the application.

Textual Amendments

Commencement Information

I34S. 93 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

94Hearings: general provisionsE+W+S

(1)The following provisions of this section apply—

(a)to a hearing under section 91(2),

(b)to a compulsory acquisition hearing (see section 92), and

(c)to an open-floor hearing (see section 93).

(2)The hearing—

(a)must be in public, and

(b)must be presided over by one or more of the members of the Panel or (as the case may be) the single [F96appointed person].

(3)It is for the Examining authority to decide how the hearing is to be conducted.

(4)In particular, it is for the Examining authority to decide—

(a)whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;

(b)the amount of time to be allowed at the hearing—

(i)for the making of a person's representations (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)), or

(ii)for any questioning by another person.

(5)The Examining authority's powers under subsections (3) and (4) are subject to—

(a)subsection (2), and

(b)any rules made under section 97.

(6)Although the Examining authority's powers under subsections (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under section 91(3), 92(4) or 93(3), those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.

(7)In making decisions under subsection (4)(a), the Examining authority must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining authority except where the Examining authority thinks that oral questioning by another person is necessary in order to ensure—

(a)adequate testing of any representations, or

(b)that a person has a fair chance to put the person's case.

(8)The Examining authority may refuse to allow representations to be made at the hearing (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)) if the Examining authority considers that the representations—

(a)are irrelevant, vexatious or frivolous,

(b)relate to the merits of policy set out in a national policy statement,

(c)repeat other representations already made (in any form and by any person), or

(d)relate to compensation for compulsory acquisition of land or of an interest in or right over land.

Textual Amendments

F96Words in s. 94(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 41; S.I. 2012/628, art. 7(a)

Commencement Information

I35S. 94 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

95Hearings: disruption, supervision and costsE+W+S

(1)Where an interested party or any other person behaves in a disruptive manner at a hearing, the Examining authority may decide to do any one or more of the following—

(a)exclude the person from all, or part, of the remainder of the hearing;

(b)allow the person to continue to attend the hearing only if the person complies with conditions specified by the Examining authority;

(c)exclude the person from other hearings;

(d)direct that the person is allowed to attend other hearings only if the person complies with conditions specified by the Examining authority.

(2)In this section “hearing” means—

(a)a preliminary meeting under section 88,

(b)a hearing under section 91(2),

(c)a compulsory acquisition hearing (see section 92),

(d)an open-floor hearing (see section 93),

(e)any other meeting or hearing that the Examining authority causes to be held for the purposes of the Examining authority's examination of the application, or

(f)a site visit.

F97(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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 Examining authority'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 Examining authority.

This is subject to subsection (5) of this section.

(5)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 Examining authority'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 Examining authority.

Textual Amendments

Commencement Information

I36S. 95 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F9895AHearings: defence and national securityE+W+S

(1)Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing—

(a)the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and

(b)the public disclosure of that information would be contrary to the national interest.

(2)The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public).

(3)If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.

(4)Rules under section 97 may (in particular) make provision as to the functions of an appointed representative.

(5)The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2).

(6)Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5).

(7)If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

(8)The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.

(9)An amount so certified is recoverable from the responsible person as a civil debt.

(10)In this section “representations” includes evidence.]

Textual Amendments

F98S. 95A inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 42; S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

96Representations not made orally may be made in writingE+W+S

(1)Subsection (2) applies where—

(a)a person asks the Examining authority to be allowed to make oral representations about the application at a hearing,

(b)the person does not (for whatever reason) make the representations orally at a hearing,

(c)written representations from the person are received by the [F99Secretary of State] before the Examining authority completes the Examining authority's examination of the application, and

(d)the written representations state that they are ones that the person asked to be allowed to, but did not, make orally at a hearing.

(2)The Examining authority must consider the written representations as part of the Examining authority's examination of the application, subject to section 87(3).

Textual Amendments

Commencement Information

I37S. 96 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

97Procedure rulesE+W+S

(1)The Lord Chancellor or (if subsection (2) applies) the Secretary of StateF100... may make rules regulating the procedure to be followed in connection with the Examining authority's examination of the application.

(2)This subsection applies if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—

(a)one end of which is in England or Wales, and

(b)the other end of which is in Scotland.

(3)Rules under subsection (1) may make provision for or in connection with authorising the Examining authority, alone or with others, to enter onto land, including land owned or occupied otherwise than by the applicant, for the purpose of inspecting the land as part of the Examining authority's examination of the application.

(4)Rules under subsection (1) may regulate procedure in connection with matters preparatory to the Examining authority's examination of the application, and in connection with matters subsequent to the examination, as well as in connection with the conduct of the examination.

(5)Power under this section to make rules includes power to make different provision for different purposes.

(6)Power under this section to make rules is exercisable by statutory instrument.

(7)A statutory instrument containing rules under this section is subject to annulment pursuant to a resolution of either House of Parliament.

Textual Amendments

Commencement Information

I38S. 97 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)

98Timetable for examining, and reporting on, applicationE+W+S

(1)The Examining authority is under a duty to complete the Examining authority's examination of the application by the end of the period of 6 months beginning with the day after the start day.

(2)The start day is the day on which the meeting required by section 88 is held or, if that meeting is held on two or more days, the later or latest of those days.

(3)[F101The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b)] by the end of the period of 3 months [F102beginning with—

(a)the deadline for completion of its examination of the application, or

(b)(if earlier) the end of the day on which it completes the examination.]

(4)The [F103Secretary of State] may set a date for a deadline under this section that is later than the date for the time being set.

[F104(4A)The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.]

(5)The power under subsection (4) 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.

[F105(6)Subsections (7) and (8) apply where the power under subsection (4) [F106or (4A)] is exercised.

(7)The Secretary of State must—

(a)notify each interested party of the new deadline, and

(b)publicise the new deadline in such manner as the Secretary of State thinks appropriate.

(8)The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.

(9)A statement under subsection (8) may be written or oral.]

Textual Amendments

F102Words in s. 98(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F105S. 98(6)-(9) substituted for s. 98(6) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 44(4); S.I. 2012/628, art. 7(a)

Commencement Information

I39S. 98 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

99Completion of Examining authority's examination of applicationE+W+S

When the Examining authority has completed its examination of the application, it must inform each of the interested parties of that fact.

Commencement Information

I40S. 99 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

100AssessorsE+W+S

(1)The [F107Secretary of State] may, at the request of the Examining authority, appoint a person to act as an assessor to assist the Examining authority in the Examining authority's examination of the application.

(2)A person may be appointed as an assessor only if it appears to the [F108Secretary of State] that the person has expertise that makes the person a suitable person to provide assistance to the Examining authority.

Textual Amendments

Commencement Information

I41S. 100 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

101Legal advice and assistanceE+W+S

(1)The [F109Secretary of State] may, at the request of the Examining authority, appoint a barrister, solicitor or advocate to provide legal advice and assistance to the Examining authority in connection with its examination of the application.

(2)The assistance that may be given by a person appointed under subsection (1) includes carrying out on behalf of the Examining authority any oral questioning of a person making representations at a hearing.

Textual Amendments

Commencement Information

I42S. 101 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

102Interpretation of Chapter 4: “interested party” and other expressionsE+W+S

(1)For the purposes of this Chapter, a person is an “interested party” if—

(a)the person is the applicant,

[F110(aa)the person has been notified of the acceptance of the application in accordance with section 56(2)(d),

(ab)the Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,]

[F111(ba)the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),]

[F112(c)the person is a local authority in whose area the land is located,

(ca)the person—

(i)is mentioned in section 88(3)(c) or (d), and

(ii)has notified the Examining authority as mentioned in section 89(2A)(b),]

(d)the person is the Greater London Authority and the land is in Greater London, or

(e)the person has made a relevant representation.

[F113(1ZA)But a person ceases to be an “interested party” for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.]

[F114(1A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

(2)In this Chapter “representation” includes evidence, and references to the making of a representation include the giving of evidence.

F115(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A representation is a relevant representation for the purposes of subsection (1) to the extent that—

(a)it is a representation about the application,

(b)it is made to the [F116Secretary of State] in the prescribed form and manner,

(c)it is received by the [F116Secretary of State] no later than the deadline that applies under section 56 to the person making it,

(d)it contains material of a prescribed description, and

(e)it does not contain—

(i)material about compensation for compulsory acquisition of land or of an interest in or right over land,

(ii)material about the merits of policy set out in a national policy statement, or

(iii)material that is vexatious or frivolous.

F117(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In [F118subsection (1)(c)] “local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

(9)In this section “the land” means the land to which the application relates or any part of that land.

Textual Amendments

F110S. 102(1)(aa)(ab) substituted for s. 102(1)(b) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F112S. 102(1)(c)(ca) substituted for s. 102(1)(c) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F113S. 102(1ZA) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F116Words in s. 102(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 47; S.I. 2012/628, art. 7(a)

F118Words in s. 102(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(f), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I43S. 102 in force for certain purposes at Royal Assent see s. 241

I44S. 102 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F119102APersons in certain categories may ask to become interested parties etcE+W+S

(1)Subsection (2) applies if—

(a)a person makes a request to the Examining authority to become an interested party,

(b)the request states that the person claims to be within one or more of the categories set out in section 102B,

(c)the person has not been notified of the acceptance of the application in accordance with section 56(2)(d), and

(d)the applicant has issued a certificate under section 58 in relation to the application.

(2)The Examining authority must decide whether it considers that the person is within one or more of the categories set out in section 102B.

(3)If the Examining authority decides that it considers that the person is within one or more of the categories set out in section 102B, the Examining authority must notify the person, and the applicant, that the person has become an interested party under section 102(1)(ab).

(4)If the Examining authority thinks that a person might successfully make a request mentioned in subsection (1)(a), the Examining authority may inform the person about becoming an interested party under section 102(1)(ab).

But the Examining authority is under no obligation to make enquiries in order to discover persons who might make such a request.

Textual Amendments

F119Ss. 102A, 102B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

102BCategories for the purposes of section 102AE+W+S

(1)A person is within Category 1 if 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 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 has in subsection (2) the meaning that it has in section 5(1) of that Act.

(4)A person is within Category 3 if, should the order sought by the application 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.

(5)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 (compensation for depreciation of land value by physical factors caused by use of public works);

(c)a claim under section 152(3).

(6)In this section “the land” means the land to which the application relates or any part of that land.]

Textual Amendments

F119Ss. 102A, 102B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Chapter 5E+W+SDecisions on applications

103[F120Secretary of State is to decide applications]E+W+S

(1)The Secretary of State has the function of deciding an application for an order granting development consent F121...

F122(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I45S. 103 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

104[F123Decisions in cases where national policy statement has effect]E+W+S

(1)This section applies in relation to an application for an order granting development consent if [F124a national policy statement has effect in relation to development of the description to which the application relates].

(2)In deciding the application the [F125Secretary of State] 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”),

[F126(aa)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;]

(b)any local impact report (within the meaning given by section 60(3)) submitted to the [F127Secretary of State] 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 [F125Secretary of State] thinks are both important and relevant to [F128the Secretary of State's] decision.

(3)The [F129Secretary of State] 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 [F130Secretary of State] 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 [F131Secretary of State is] satisfied that deciding the application in accordance with any relevant national policy statement would lead to the [F132Secretary of State being in breach of any duty imposed on the Secretary of State] by or under any enactment.

(6)This subsection applies if the [F133Secretary of State] 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 [F134Secretary of State] is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(8)This subsection applies if the [F135Secretary of State] 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.

Textual Amendments

F124Words in s. 104(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(2); S.I. 2012/628, art. 7(a)

F127Words in s. 104(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(b); S.I. 2012/628, art. 7(a)

F128Words in s. 104(2)(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(c); S.I. 2012/628, art. 7(a)

F129Words in s. 104(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)

F130Words in s. 104(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)

F133Words in s. 104(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

F134Words in s. 104(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

F135Words in s. 104(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

Commencement Information

I46S. 104 partly in force; s. 104 in force for certain purposes at Royal Assent see s. 241

I47S. 104 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

105[F136Decisions in cases where no national policy statement has effect]E+W+S

(1)This section applies in relation to an application for an order granting development consent [F137if section 104 does not apply in relation to the application].

(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 [F138Secretary of State] 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.

Textual Amendments

F137Words in s. 105(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(2); S.I. 2012/628, art. 7(a)

F138Words in s. 105(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(3); S.I. 2012/628, art. 7(a)

Commencement Information

I48S. 105 partly in force; s. 105 in force for certain purposes at Royal Assent see s. 241

I49S. 105 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

106Matters that may be disregarded when deciding applicationE+W+S

(1)In deciding an application for an order granting development consent, the [F139Secretary of State] may disregard representations if the [F139Secretary of State] 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.

Textual Amendments

Commencement Information

I50S. 106 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

107Timetable for decisionsE+W+S

(1)The [F140Secretary of State] is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning [F141with—

(a)the ] [F142deadline under section 98(3)][F143, or

(b)(if earlier) the end of the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(1)(b).]

F144(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F145Secretary of State] may set a date for the deadline under subsection (1) that is later than the date for the time being set.

F146(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F147(6)Subsection (7) applies where the power under subsection (3) is exercised.

(7)The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.

(8)A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate.

(8A)A statement under subsection (7) may be written or oral.]

Textual Amendments

F141Words in s. 107(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(3)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F143S. 107(1)(b) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(3)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F145Words in s. 107(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(4); S.I. 2012/628, art. 7(a)

F147S. 107(6)-(8A) substituted for s. 107(6)-(9) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(6); S.I. 2012/628, art. 7(a)

Commencement Information

I51S. 107 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Chapter 6E+W+SSuspension of decision-making process

108Suspension during review of national policy statementE+W+S

(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, [F148examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed).]

Textual Amendments

Commencement Information

I52S. 108 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F149Chapter 7E+W+SIntervention by Secretary of State

Textual Amendments

109Intervention: significant change in circumstancesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110Intervention: defence and national securityE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111Intervention: other circumstancesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112Power of Secretary of State to interveneE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113Effect of interventionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 8E+W+SGrant or refusal

114Grant or refusal of development consentE+W+S

(1)When [F150the Secretary of State] has decided an application for an order granting development consent, the [F151Secretary of State] 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 [F152Secretary of State] proposes to make an order granting development consent on terms which are materially different from those proposed in the application.

Textual Amendments

F152Words in s. 114(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 55(3); S.I. 2012/628, art. 7(a)

Commencement Information

I53S. 114 partly in force; s. 114 in force for certain purposes at Royal Assent see s. 241

I54S. 114 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)

115Development for which development consent may be grantedE+W+S

(1)Development consent may be granted for development which is—

(a)development for which development consent is required, or

(b)associated development[F153, or

(c)related housing development.]

(2)“Associated development” means development which—

(a)is associated with the development within subsection (1)(a) (or any part of it),

(b)[F154does not consist of or include] the construction or extension of one or more dwellings, and

, or

(c)is within subsection (3) [F155, (4) or (4A)].

(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).

[F156(4A)Development is within this subsection if the development within subsection (1)(a) with which it is associated is—

(a)the construction or extension of a generating station that is or (when constructed or extended) is expected to be within section 15(3A) or (3B), or

(b)the installation of an electric line that is or (when installed) is expected to be within section 14(1)(b).]

[F157(4B)Related housing development” means development which—

(a)consists of or includes the construction or extension of one or more dwellings,

(b)is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),

(c)is to be carried out wholly in England, and

(d)meets the condition in subsection (4C).

(4C)Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—

(a)England;

(b)waters adjacent to England up to the seaward limits of the territorial sea.]

(5)To the extent that development consent is granted for associated development [F158or related housing development], section 33 applies to the development as it applies to development for which development consent is required.

F159(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F160(7)The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.]

Textual Amendments

F153S. 115(1)(c) and word inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(2), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F154Words in s. 115(2)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(3), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F155Words in s. 115(2)(c) substituted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(2), 71(2)(e) (with Sch. 7 paras. 1, 6)

F156S. 115(4A) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(3), 71(2)(e) (with Sch. 7 paras. 1, 6)

F158Words in s. 115(5) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(5), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

Commencement Information

I55S. 115 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

116Reasons for decision to grant or refuse development consentE+W+S

(1)The [F161Secretary of State] must prepare a statement of [F162the Secretary of State's] reasons for deciding to—

(a)make an order granting development consent, or

(b)refuse development consent.

(2)The [F163Secretary of State] 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 [F164Secretary of State] must publish the statement in such manner as [F165the Secretary of State] thinks appropriate.

F166(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163Words in s. 116(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(3); S.I. 2012/628, art. 7(a)

Commencement Information

I56S. 116 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

117Orders granting development consent: formalitiesE+W+S

(1)This section applies in relation to an order granting development consent.

F167(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Except in a case within subsection (4), the [F168Secretary of State] must publish the order in such manner as [F169the Secretary of State] thinks appropriate.

[F170(4)If the order includes provision—

(a)made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or

(b)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.]

F171(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)As soon as practicable after the instrument [F172containing the order is made, the Secretary of State] 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).

F173(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I57S. 117 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Chapter 9E+WLegal challenges

118Legal challenges relating to applications for orders granting development consentE+W

(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 [F174before the end of] the period of 6 weeks beginning with [F175the day after] —

(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 [F176before the end of] the period of 6 weeks beginning with [F177the day after] 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 [F178Secretary of State] 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 [F179before the end of] the period of 6 weeks beginning with [F180the day after] the day on which the [F178Secretary of State] 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 [F181before the end of] the period of 6 weeks beginning with the day [F182after 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 [F182after 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 [F183before the end of] the period of 6 weeks beginning with the day [F184after 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 [F184after 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 [F185before the end of] the period of 6 weeks beginning with the day [F186after 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 [F186after 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 F187... 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 [F188before the end of] the period of 6 weeks beginning with [F189the day after] 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.

Textual Amendments

F178Words in s. 118(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 59(2); S.I. 2012/628, art. 7(a)

Commencement Information

I58S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 4(c) (with art. 6)

I59S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Chapter 10E+W+SCorrection of errors

119Correction of errors in development consent decisionsE+W+S

Schedule 4 (correction of errors in development consent decisions) has effect.

Commencement Information

I60S. 119 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

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