Part 6Deciding applications for orders granting development consent

Chapter 8Grant or refusal

117Orders granting development consent: formalities

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.