C1C2C3C4C5C6C7C8C9 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C4

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Secretary of State’s powers as respects planning applications and decisions

76BF1Major infrastructure projects: inspectors

1

This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).

2

The Secretary of State may direct the lead inspector—

a

to consider such matters relating to the application as are prescribed;

b

to make recommendations to the Secretary of State on those matters.

3

After considering any recommendations of the lead inspector the Secretary of State may—

a

appoint such number of additional inspectors as he thinks appropriate;

b

direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.

4

An additional inspector must—

a

comply with such directions as to procedural matters as the lead inspector gives;

b

report to the lead inspector on the matters he is appointed to consider.

5

A copy of directions given as mentioned in subsection (4)(a) must be given to—

a

the person who made the application;

b

the local planning authority;

c

any other person who requests it.

6

If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.

7

In every case the lead inspector must report to the Secretary of State on—

a

his consideration of the application;

b

the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).

8

The function of the lead inspector in pursuance of subsection (2)—

a

may be exercised from time to time;

b

includes making recommendations as to the number of additional inspectors required from time to time.

9

The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.