SCHEDULES
SCHEDULE 8 Planning Inquiry Commissions
Part I Constitution and Procedure on References
Constitution of Commissions
1
1
A Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.
2
The Secretary of State may—
a
pay to the members of any such commission such remuneration and allowances as he may with the consent of the Treasury determine, and
b
provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.
3
The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.
4
In relation to any matter affecting both England and Wales—
a
the functions of the Secretary of State under sub-paragraph (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly, and
b
his functions under sub-paragraph (2) shall be exercised by one of those Secretaries of State authorised by the other to act on behalf of both of them for the purposes of that sub-paragraph.
Reference to a Planning Inquiry Commission
2
1
Two or more of the matters mentioned in section 101(2) may be referred to the same commission if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.
2
Where a matter referred to a commission under section 101 relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.
3
On referring a matter to a commission, the responsible Minister or Ministers—
a
shall state in the reference the reasons for the reference, and
b
may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.
Functions of Planning Inquiry Commission on reference
3
1
A commission inquiring into a matter referred to them under section 101 shall—
a
identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and
b
assess the importance to be attached to those considerations or aspects.
2
If—
a
in the case of a matter mentioned in section 101(2)(a), (b) or (c), the applicant, or
b
in any case, the local planning authority,
so wish, the commission shall give to each of them, and, in the case of an application or appeal mentioned in section 101(2)(a) or (b), also to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under F1any provision of a development order made by virtue of section 71(2)(a), an opportunity of appearing before and being heard by one or more members of the commission.
3
The commission shall then report to the responsible Minister or Ministers on the matter referred to them.
4
A commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.
5
In sub-paragraph (4) “the Secretary of State,” in relation to any matter affecting both England and Wales, means—
a
the Secretary of State for the time being having general responsibility in planning matters in relation to England, or
b
the Secretary of State for the time being having responsibility in relation to Wales,
acting, by arrangements between the two of them, on behalf of both.
Procedure on reference to a Planning Inquiry Commission
4
1
A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.
2
A reference of any other matter mentioned in section 101 may be made at any time before, but not after, the determination of the relevant application referred under section 77 or the relevant appeal under section 78 or, as the case may be, the giving of the relevant direction under section 90(1).
3
The fact that an inquiry or other hearing has been held into a proposal by a person appointed by any Minister for the purpose shall not prevent a reference of the proposal to a Planning Inquiry Commission.
4
Notice of the making of a reference to any such commission shall be published in the prescribed manner.
5
A copy of the notice must be served on the local planning authority for the area in which it is proposed that the relevant development will be carried out, and—
a
in the case of an application for planning permission referred under section 77 or an appeal under section 78, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under F2any provision of a development order made by virtue of section 71(2)(a);
b
in the case of a proposal that a direction should be given under section 90(1) with respect to any development, on the local authority F3or National Park authority or statutory undertakers applying for authorisation to carry out that development.
6
Subject to the provisions of this paragraph and paragraph 5 and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.
Local inquiries held by Planning Inquiry Commission
5
1
A Planning Inquiry Commission shall, for the purpose of complying with paragraph 3(2), hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority want an opportunity to appear and be heard.
2
Where a Planning Inquiry Commission are to hold a local inquiry under sub-paragraph (1) in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.
3
F83ZA
The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.
F53A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry held under sub-paragraph (1) F6in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to the Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Minister or Ministers.
Part II Meaning of “the responsible Minister or Ministers”
6
In relation to the matters specified in the first column of the Table below (which are matters mentioned in subsection (2)(a), (b), (c) or (d) of section 101 as matters which may be referred to a Planning Inquiry Commission under that section) “the responsible Minister or Ministers” for the purposes of that section and this Schedule—
a
in the case of a matter affecting England only, are those specified opposite in the second column of the Table;
b
in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table; and
c
in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.
7
Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.
Referred matter | Affecting England only | Affecting Wales only | Affecting both England and Wales |
|---|---|---|---|
1. Application for planning permission or appeal under section 78 relating to land to which section 266(1) applies. | The Secretary of State for the time being having general responsibility in planning matters in relation to England and the appropriate Minister (if different). | The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the appropriate Minister (if different). | The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the appropriate Minister (if different). |
2. Application for planning permission or appeal under section 78 relating to land to which section 266(1) does not apply. | The Secretary of State for the time being having general responsibility in planning matters in relation to England. | The Secretary of State for the time being having general responsibility in planning matters in relation to Wales. | The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales. |
3. Proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department. | The Secretary of State for the time being having general responsibility in planning matters in relation to England and the Minister (if different) in charge of the government department concerned. | The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the Minister (if different) in charge of the government department concerned. | The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the Minister (if different) in charge of the government department concerned. |