Planning Act 2008

Chapter 1 E+W+S Applications

37 Applications for orders granting development consent E+W+S

(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 [F1 Secretary of State].

(3) An application for an order granting development consent must[F2 , 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 [F1 Secretary of State] may give guidance about how the requirements under subsection (3) are to be complied with.

(5) The [F1 Secretary 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 [F1 Secretary of State] must publish, in such manner as [F3 the 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).

Textual Amendments

F1 Words in s. 37 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(2); S.I. 2012/628, art. 7(a)

F2 Words in s. 37(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3 Words in s. 37(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(3); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 37 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

F4 38 Model provisions E+W+S

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Textual Amendments

F4 S. 38 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 6, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

39 Register of applications E+W+S

(1) The [F5 Secretary of State] is to maintain a register of applications received by [F6 the Secretary of State] for orders granting development consent (“the register”).

(2) Where the [F5 Secretary of State] receives an application for an order granting development consent, [F7 the Secretary of State] must cause details of the application to be entered in the register.

(3) The [F5 Secretary of State] must publish the register or make arrangements for inspection of the register by the public.

(4) The [F5 Secretary of State] must make arrangements for inspection by the public of—

(a) applications received by the [F5 Secretary of State] for orders granting development consent,

(b) consultation reports received by the [F5 Secretary of State] under section 37(3)(c), and

(c) accompanying documents and information received by the [F5 Secretary of State] under section 37(3)(d).

Textual Amendments

F5 Words in s. 39 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(2); S.I. 2012/628, art. 7(a)

F6 Words in s. 39(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(3); S.I. 2012/628, art. 7(a)

F7 Words in s. 39(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(3); S.I. 2012/628, art. 7(a)

Commencement Information

I2 S. 39 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

40 Applications by the Crown for orders granting development consent E+W+S

(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.

Commencement Information

I3 S. 40 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)