Planning Act 2008 (c. 29)

Part 6 E+W+S Deciding applications for orders granting development consent

Chapter 4 E+W+S Examination of applications under Chapter 2 or 3

[F1 102A Persons in certain categories may ask to become interested parties etc E+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

F1 Ss. 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)