Planning Act 2008 (c. 29)

Part 6 E+W+S Deciding applications for orders granting development consent

Chapter 4 E+W+S Examination of applications under Chapter 2 or 3

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

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

(a) the person is the applicant,

[F1 (aa) the person has been notified of the acceptance of the application in accordance with section 56(2)(d),

(ab) the Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,]

[F2 (ba) the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),]

[F3 (c) the person is a local authority in whose area the land is located,

(ca) the person—

(i) is mentioned in section 88(3)(c) or (d), and

(ii) has notified the Examining authority as mentioned in section 89(2A)(b),]

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

(e) the person has made a relevant representation.

[F4 (1ZA) But a person ceases to be an “interested party” for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.]

[F5 (1A) The areas are—

(a) waters in or adjacent to England up to the seaward limits of the territorial sea;

(b) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

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

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F7 Secretary of State] in the prescribed form and manner,

(c) it is received by the [F7 Secretary of State] 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.

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In [F9 subsection (1)(c)] “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.

Textual Amendments

F1 S. 102(1)(aa)(ab) substituted for s. 102(1)(b) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2 S. 102(1)(ba) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(6)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F3 S. 102(1)(c)(ca) substituted for s. 102(1)(c) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4 S. 102(1ZA) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F5 S. 102(1A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(6)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F6 S. 102(3) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(d), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F7 Words in s. 102(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 47; S.I. 2012/628, art. 7(a)

F8 S. 102(5)-(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(e), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F9 Words in s. 102(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(f), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 102 in force for certain purposes at Royal Assent see s. 241

I2 S. 102 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)