Housing and Planning Act 2016

162 Regulations under section 161: general E+W

(1) Regulations under section 161 may—

(a) require a designated person (subject to any specified exceptions) to process an application for planning permission if chosen to do so by an applicant;

(b) provide that, where an application for planning permission is to be or has been processed by a designated person, any connected application must (subject to any specified exceptions) also be processed by that person;

(c) allow a responsible planning authority to take over the processing of an application for planning permission, or a connected application, in specified circumstances.

(2) The regulations may make provision about—

(a) eligibility to act as a designated person;

(b) the capacity of a local planning authority to act as a designated person;

(c) actions to be taken or procedures to be followed—

(i) by persons making applications for planning permission or connected applications,

(ii) by designated persons, or

(iii) by responsible planning authorities,

and periods within which the actions or procedures are to be taken or followed;

(d) matters to be considered by designated persons or responsible planning authorities;

(e) performance standards for designated persons;

(f) the investigation of complaints or concerns about designated persons;

(g) cases where a person ceases to be a designated person or where a designated person is unable to continue processing an application.

(3) The provision that may be made under subsection (2)(c) includes provision requiring a designated person to provide assistance to the responsible planning authority in connection with—

(a) any appeal against the authority's determination of the application;

(b) any application to the court made in relation to that determination.

(4) The provision that may be made under subsection (2)(f) includes—

(a) provision about the payment of compensation;

(b) provision for a designated person to be required to indemnify the responsible authority for any compensation that the authority is required to pay;

(c) provision applying anything in Part 3 of the Local Government Act 1974 (local government administration) with or without modifications.

(5) The regulations may confer powers on the Mayor of London or the Secretary of State in cases where a direction is given under section 2A or 77 of the Town and Country Planning Act 1990 (“call-in” directions).