Part 6Deciding applications for orders granting development consent
Chapter 2The Panel procedure
Panels
I164Panel for each application to be handled under this Chapter
1
This Chapter applies where—
a
the F2Secretary of State accepts an application for an order granting development consent, and
b
under section 61(2) or 62(2), it is decided that the application is to be handled by a Panel under this Chapter.
2
There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the application.
I265Appointment of members, and lead member, of Panel
F31
The Secretary of State must appoint—
a
F21two, three, four or five persons to be members of the Panel, and
b
one of those persons to chair the Panel.
2
In this Chapter “the lead member” means the person who for the time being is appointed to chair the Panel.
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F45
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I366Ceasing to be member, or lead member, of Panel
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2
The person appointed to be the lead member ceases to hold that office if the person ceases to be a member of the Panel.
3
A person may resign from membership of the Panel by giving notice in writing to the F6Secretary of State.
4
The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the F7Secretary of State.
5
The F8Secretary of State—
a
may remove a person (“the Panel member”) from membership of the Panel if the F9Secretary of State is satisfied that the Panel member is unable, unwilling or unfit to perform the duties of Panel membership;
b
may remove the lead member from that office, without also removing the lead member from membership of the Panel, if the F10Secretary of State is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.
F1167Panel member continuing though ceasing to be Commissioner
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I468Additional appointments to Panel
1
Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).
F122
The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.
3
4
A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.
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I569Replacement of lead member of Panel
1
Subsection (2) applies where a person ceases to hold the office of lead member.
2
The F15Secretary of State must appoint a member of the Panel to chair the Panel.
3
A person may be appointed under subsection (2) even though that person was not a member of the Panel when the vacancy arose.
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F1770Membership of Panel where application relates to land in Wales
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I671Supplementary provision where Panel replaces single F1appointed person
1
Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).
2
F18An appointed person —
a
may be appointed under section 65(1)(a) or 68(2) as a member of the Panel, and
b
if a member of the Panel, may be appointed under section 65(1)(b) or 69(2) to chair the Panel.
3
The Panel may, so far as it thinks appropriate, decide to treat things done by or in relation to F19an appointed person in proceedings under Chapter 3 on the application as done by or in relation to the Panel.
4
Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings under Chapter 3 on the application.
F205
In this section “appointed person” means a person appointed to handle the application under Chapter 3.
I772Panel ceasing to have any members
1
If the Panel ceases to have any members, a new Panel must be constituted under section 65(1).
2
At times after the new Panel has been constituted (but subject to the further application of this subsection in the event that the new Panel ceases to have any members), references in this Chapter to the Panel are to be read as references to the new Panel.
3
The new Panel may, so far as it thinks appropriate, decide to treat things—
a
done by or in relation to a previous Panel appointed to handle the application, or
b
treated under section 71(3) as done by or in relation to a previous Panel appointed to handle the application,
as done by or in relation to the new Panel.
4
Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings on the application up until the reconstitution of the Panel.
5
The power under section 68(2) is not exercisable at times when the Panel has no members.
I873Consequences of changes in Panel
1
The Panel's continuing identity is to be taken not to be affected by—
a
any change in the membership of the Panel;
b
the Panel's coming to have only F24... a single member;
c
any change in the lead member;
d
a vacancy in that office.
2
When there is a change in the membership of the Panel, the lead member is under a duty to ensure that the membership of the Panel after the change has the necessary knowledge of the proceedings on the application up until the change.
3
Subsection (2) does not apply where the change occurs as a result of the Panel being reconstituted as required by section 72(1).