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Planning Act 2008, Chapter 3 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Words in Pt. 6 Ch. 3 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(6); S.I. 2012/628, art. 7(a)
Textual Amendments
F2Words in s. 78 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)
(1)This Chapter applies where—
(a)the [F4Secretary of State] accepts an application for an order granting development consent, and
(b)under section 61(2), it is decided that the application is to be handled by a single [F5appointed person] under this Chapter.
(2)In this Chapter “the single [F6appointed person]” means the person who is appointed to handle the application under this Chapter.
Textual Amendments
F3Words in s. 78 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)
F4Words in s. 78(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(2); S.I. 2012/628, art. 7(a)
F5Words in s. 78(1)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(3); S.I. 2012/628, art. 7(a)
F6Words in s. 78(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(4); S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 78 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
The Secretary of State must appoint a person to handle the application.]
Textual Amendments
F7S. 79 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 31; S.I. 2012/628, art. 7(a)
F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)A person may resign from being the single [F10appointed person] by giving notice in writing to the [F11Secretary of State].
(3)The [F12Secretary of State] may remove a person (“the appointee”) from being the single [F13appointed person] [F14if the Secretary of State] is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single [F13appointed person].
Textual Amendments
F8Words in s. 80 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(5); S.I. 2012/628, art. 7(a)
F9S. 80(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F10Words in s. 80(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(3)(a); S.I. 2012/628, art. 7(a)
F11Words in s. 80(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(3)(b); S.I. 2012/628, art. 7(a)
F12Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(a); S.I. 2012/628, art. 7(a)
F13Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(b); S.I. 2012/628, art. 7(a)
F14Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(c); S.I. 2012/628, art. 7(a)
Commencement Information
I2S. 80 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15S. 81 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 33, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
(1)Where a person ceases to be the single [F16appointed person], a new appointment of a person to handle the application must be made under section 79.
(2)Where that happens, the new single [F16appointed person] may, so far as may be appropriate, decide to treat things done by or in relation to any previous single [F16appointed person] as done by or in relation to the new single [F16appointed person].
(3)Where the single [F16appointed person] makes a decision under subsection (2), the single [F16appointed person] is under a duty to acquire the necessary knowledge of the previous proceedings on the application.
Textual Amendments
F16Words in s. 82 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 34; S.I. 2012/628, art. 7(a)
Commencement Information
I3S. 82 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
Textual Amendments
F17Words in s. 83 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
(1)The single [F19appointed person] has the functions of—
(a)examining the application, and
(b)making a report [F20to the Secretary of State] on the application setting out—
(i)the single [F19appointed person]’s findings and conclusions in respect of the application, and
(ii)the single [F19appointed person]’s recommendation as to the decision to be made on the application.
F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The single [F22appointed person]’s functions under subsection (1) are to be carried out in accordance with Chapter 4.
F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Words in s. 83 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
F19Words in s. 83(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
F20Words in s. 83(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(3); S.I. 2012/628, art. 7(a)
F21S. 83(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F22Words in s. 83(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
F23S. 83(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(5), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
Commencement Information
I4S. 83 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
(1)This section applies to decisions made by the Council in deciding the application.
(2)At least five members of the Council must participate in making a decision.
(3)The making of a decision requires the agreement of a majority of the members of the Council who are participating in making it.
(4)The person chairing the Council has a second (or casting) vote in the event that the number of members of the Council agreeing to a proposed decision is the same as the number of members not so agreeing.
Textual Amendments
F24Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
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