Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 6, Chapter 8: Grant or refusal

Sections 114 and 115: Grant or refusal of development consent/ development for which development consent may be granted/ reasons for decision/ formalities for orders

198. Section 114 provides that at the conclusion of consideration of an application for an order granting development consent, the decision-maker (the Panel, the Council or the Secretary of State) must either make an order granting development consent or refuse development consent. Subsection (2) provides that the Secretary of State may make regulations about the procedures to be followed if the decision-maker proposes to make an order on terms which are materially different from those which were applied for.

199. Section 115 provides that an order may grant development consent not only for development for which consent is required but also for associated development. The section defines the expression “associated development”. This definition specifically excludes the construction of a dwelling and sets out other requirements which must be satisfied. In determining what is associated development, the Panel or Council must have regard to any statutory guidance given to it by the Secretary of State.

200. A statement of reasons for deciding to make an order granting development consent or to refuse development consent must be given to interested parties and published (section 116).

201. Certain formalities must be observed in relation to the order (section 117). The formalities differ depending on whether the order includes provisions made in exercise of the decision-maker’s powers in relation to legislation.