Planning Act 2008

61 Initial choice of Panel or single Commissioner

(1) Subsection (2) applies where the Commission—

(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 person appointed to chair the Commission 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 Commissioner under Chapter 3.

(3) A person making a decision under subsection (2) must have regard to any guidance issued by the Secretary of State as to which applications to the Commission for orders granting development consent are to be handled by a Panel under Chapter 2 and which by a single Commissioner under Chapter 3.

(4) Before making a decision under subsection (2), the person making the decision must consult—

(a) the other Commissioners who, for the purpose of responding to consultation about the decision, are members of the Council,

(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and

(c) the chief executive of the Commission.

(5) In making a decision under subsection (2), the person making the decision must have regard to any views expressed—

(a) by any of the other Commissioners, or

(b) by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under Chapter 2 or by a single Commissioner under Chapter 3.