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

Chapter 4E+W+SExamination of applications under Chapter 2 or 3

102Interpretation of Chapter 4: “interested party” and other expressionsE+W+S

(1)For the purposes of this Chapter, a person is an “interested party” if—

(a)the person is the applicant,

(b)the person is a statutory party,

(c)the person is a relevant local authority,

(d)the person is the Greater London Authority and the land is in Greater London, or

(e)the person has made a relevant representation.

(2)In this Chapter “representation” includes evidence, and references to the making of a representation include the giving of evidence.

(3)In subsection (1) “statutory party” means a person specified in, or of a description specified in, regulations made by the Secretary of State.

(4)A representation is a relevant representation for the purposes of subsection (1) to the extent that—

(a)it is a representation about the application,

(b)it is made to the Commission in the prescribed form and manner,

(c)it is received by the Commission no later than the deadline that applies under section 56 to the person making it,

(d)it contains material of a prescribed description, and

(e)it does not contain—

(i)material about compensation for compulsory acquisition of land or of an interest in or right over land,

(ii)material about the merits of policy set out in a national policy statement, or

(iii)material that is vexatious or frivolous.

(5)In subsection (1) “relevant local authority” means a local authority within subsection (6) or (7).

(6)A local authority is within this subsection if the land is in the authority's area.

(7)A local authority (“A”) is within this subsection if—

(a)the land is in the area of another local authority (“B”), and

(b)any part of the boundary of A's area is also a part of the boundary of B's area.

(8)In subsections (5) to (7) “local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

(9)In this section “the land” means the land to which the application relates or any part of that land.

Commencement Information

I1S. 102 in force for certain purposes at Royal Assent see s. 241