Part 5Applications for orders granting development consent

Chapter 1Applications

I137Applications 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 F1Secretary of State.

3

An application for an order granting development consent mustF3, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory —

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 F1Secretary of State may give guidance about how the requirements under subsection (3) are to be complied with.

5

The F1Secretary of State 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 F1Secretary of State must publish, in such manner as F2the Secretary of State 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).

F438Model provisions

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I239Register of applications

1

The F5Secretary of State is to maintain a register of applications received by F6the Secretary of State for orders granting development consent (“the register”).

2

Where the F5Secretary of State receives an application for an order granting development consent, F7the Secretary of State must cause details of the application to be entered in the register.

3

The F5Secretary of State must publish the register or make arrangements for inspection of the register by the public.

4

The F5Secretary of State must make arrangements for inspection by the public of—

a

applications received by the F5Secretary of State for orders granting development consent,

b

consultation reports received by the F5Secretary of State under section 37(3)(c), and

c

accompanying documents and information received by the F5Secretary of State under section 37(3)(d).

I340Applications 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.