Planning Act 2008

Chapter 8 E+W+S Grant or refusal

114 Grant or refusal of development consent E+W+S

(1) When it has decided an application for an order granting development consent, the decision-maker must either—

(a) make an order granting development consent, or

(b) refuse development consent.

(2) The Secretary of State may by regulations make provision regulating the procedure to be followed if the decision-maker proposes to make an order granting development consent on terms which are materially different from those proposed in the application.

Commencement Information

I1 S. 114 partly in force; s. 114 in force for certain purposes at Royal Assent see s. 241

I2 S. 114 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)

115 Development for which development consent may be granted E+W+S

(1) Development consent may be granted for development which is—

(a) development for which development consent is required, or

(b) associated development.

(2) “Associated development” means development which—

(a) is associated with the development within subsection (1)(a) (or any part of it),

(b) is not the construction or extension of one or more dwellings, and

(c) is within subsection (3) or (4).

(3) Development is within this subsection if it is to be carried out wholly in one or more of the following areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea;

(c) in the case of development in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(4) Development is within this subsection if—

(a) it is to be carried out wholly in Wales,

(b) it is the carrying out or construction of surface works, boreholes or pipes, and

(c) the development within subsection (1)(a) with which it is associated is development within section 17(3).

(5) To the extent that development consent is granted for associated development, section 33 applies to the development as it applies to development for which development consent is required.

(6) In deciding whether development is associated development, a Panel or the Council must have regard to any guidance issued by the Secretary of State.

Commencement Information

I3 S. 115 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

116 Reasons for decision to grant or refuse development consent E+W+S

(1) The decision-maker must prepare a statement of its reasons for deciding to—

(a) make an order granting development consent, or

(b) refuse development consent.

(2) The appropriate authority must provide a copy of the statement to each person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).

(3) The appropriate authority must publish the statement in such manner as the authority thinks appropriate.

(4) In subsections (2) and (3) “the appropriate authority” means—

(a) the Commission where the decision-maker is a Panel or the Council;

(b) the Secretary of State where the decision-maker is the Secretary of State.

Commencement Information

I4 S. 116 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

117 Orders granting development consent: formalities E+W+S

(1) This section applies in relation to an order granting development consent.

(2) If the order is made by a Panel or the Council it must be made in the name of the Commission.

(3) Except in a case within subsection (4), the appropriate authority must publish the order in such manner as the authority thinks appropriate.

(4) If the order includes provision made in the exercise of any of the powers conferred by section 120(5)(a) or (b), the order must be contained in a statutory instrument.

(5) If the instrument containing the order is made by a Panel or the Council in the name of the Commission, the Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument as if it had been made by a Minister of the Crown.

(6) As soon as practicable after the instrument is made, the appropriate authority must deposit in the office of the Clerk of the Parliaments a copy of—

(a) the instrument,

(b) the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and

(c) the statement of reasons prepared under section 116(1).

(7) In this section “the appropriate authority” means—

(a) the Commission where the decision-maker is a Panel or the Council;

(b) the Secretary of State where the decision-maker is the Secretary of State.

Commencement Information

I5 S. 117 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)