Part 6E+W+SDeciding applications for orders granting development consent

Chapter 3E+W+SThe [F1single-appointed-person] procedure

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)

The single [F2appointed person] E+W+S

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)

78Single [F3appointed person] to handle applicationE+W+S

(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)

[F779Appointment of single appointed personE+W+S

The Secretary of State must appoint a person to handle the application.]

Textual Amendments

80Ceasing to be the single [F8appointed person] E+W+S

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)

Commencement Information

I2S. 80 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F1581Single Commissioner continuing though ceasing to be CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

82Appointment of replacement single [F16appointed person] E+W+S

(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

Commencement Information

I3S. 82 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)