Modifications etc. (not altering text)
C1Sch. 9 extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4
C2References to subsections (2) to (5) and subsections (1) and (4) of section 290 of the Local Government Act 1933 to be construed as references to subsections (2) to (5) and subsections (1) and (4) of section 250 of the Local Government Act 1972: Local Government Act 1972 (c. 70), s. 272(2)
8A commission inquiring into a referred matter shall—
(a)identify and investigate the considerations relevant to, or the technical or scientific respects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects;
(b)thereafter, comply with paragraph 9 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission;
(c)report to the responsible Ministers on the said matter.
9A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—
(a)in any case, the local planning authority, if the authority so desire;
(b)in the case of a matter mentioned in section 45(1)(a), (b) or (c) of this Act or [F1section 101(2)(a), (b) or (c) of the Act of 1990], the applicant, if he so desires; and
(c)in the case of an application or appeal mentioned in the said section 45(1)(a) or (b) or [F2the said section 101(2)(a) or (b)], any person who has made representations relating to the subject matter of the application or appeal which the. . . F3 planning authority are required to take into account under section 26(2) or (3) of this Act or [F4section 71(1) or (2) of the Act of 1990].
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(d)
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(e)(i)
F3Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(e)(ii)
10The provisions of sections 32(5) and 33(4) of this Act and [F5sections 77(5) and 79(2) of the Act of 1990] and the provisions of Schedule 7 to this Act and [F6Schedule 6 to the Act of 1990], relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.
Textual Amendments
F5Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(f)(i)
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(f)(ii)
Modifications etc. (not altering text)
C1Sch. 9 extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4
C2References to subsections (2) to (5) and subsections (1) and (4) of section 290 of the Local Government Act 1933 to be construed as references to subsections (2) to (5) and subsections (1) and (4) of section 250 of the Local Government Act 1972: Local Government Act 1972 (c. 70), s. 272(2)
8A commission inquiring into a referred matter shall—
(a)identify and investigate the considerations relevant to, or the technical or scientific respects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects;
(b)thereafter, comply with paragraph 9 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission;
(c)report to the responsible Ministers on the said matter.
9A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—
(a)in any case, the local planning authority, if the authority so desire;
(b)in the case of a matter mentioned in section 45(1)(a), (b) or (c) of this Act or [F1section 101(2)(a), (b) or (c) of the Act of 1990], the applicant, if he so desires; and
(c)in the case of an application or appeal mentioned in the said section 45(1)(a) or (b) or [F2the said section 101(2)(a) or (b)], any person who has made representations relating to the subject matter of the application or appeal which the. . . F3 planning authority are required to take into account under section 26(2) or (3) of this Act or [F4section 71(1) or (2) of the Act of 1990].
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(d)
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(e)(i)
F3Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(e)(ii)
10The provisions of sections 32(5) and 33(4) of this Act and [F5sections 77(5) and 79(2) of the Act of 1990] and the provisions of Schedule 7 to this Act and [F6Schedule 6 to the Act of 1990], relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.
Textual Amendments
F5Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(f)(i)
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 27(2)(f)(ii)