Planning Act 2008

62Switching from single Commissioner to Panel

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

(2)The person appointed to chair the Commission may decide that the application should instead be handled by a Panel under Chapter 2.

(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 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 instead of by a single Commissioner under Chapter 3.