Part 5Applications for orders granting development consent
Chapter 1Applications
37Applications for orders granting development consent
1
An order granting development consent may be made only if an application is made for it.
2
An application for an order granting development consent must be made to the Commission.
3
An application for an order granting development consent must—
a
specify the development to which it relates,
b
be made in the prescribed form,
c
be accompanied by the consultation report, and
d
be accompanied by documents and information of a prescribed description.
4
The Commission may give guidance about how the requirements under subsection (3) are to be complied with.
5
The Commission may set standards for—
a
the preparation of a document required by subsection (3)(d);
b
the coverage in such a document of a matter falling to be dealt with in it;
c
all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).
6
The Commission must publish, in such manner as it thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).
7
In subsection (3)(c) “the consultation report” means a report giving details of—
a
what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,
b
any relevant responses, and
c
the account taken of any relevant responses.
8
In subsection (7) “relevant response” has the meaning given by section 49(3).
I138Model provisions
1
The Secretary of State may by order prescribe model provisions for incorporation in a draft order which may be required (in accordance with regulations made under section 37(3)(d)) to accompany an application for an order granting development consent.
2
The Commission must have regard to any model provisions prescribed by an order under subsection (1) when exercising its power to make an order granting development consent.
3
The fact that a model provision has been prescribed by an order under subsection (1) does not make it mandatory for a provision in the terms of the model to be included in—
a
a draft order, or
b
an order granting development consent.
39Register of applications
1
The Commission is to maintain a register of applications received by it for orders granting development consent (“the register”).
2
Where the Commission receives an application for an order granting development consent, it must cause details of the application to be entered in the register.
3
The Commission must publish the register or make arrangements for inspection of the register by the public.
4
The Commission must make arrangements for inspection by the public of—
a
applications received by the Commission for orders granting development consent,
b
consultation reports received by the Commission under section 37(3)(c), and
c
accompanying documents and information received by the Commission under section 37(3)(d).
40Applications by the Crown for orders granting development consent
1
This section applies to an application for an order granting development consent made by or on behalf of the Crown.
2
The Secretary of State may by regulations modify or exclude any statutory provision relating to—
a
the procedure to be followed before such an application is made;
b
the making of such an application;
c
the decision-making process for such an application.
3
A statutory provision is a provision contained in or having effect under this Act or any other enactment.