Planning Act 2008

37 Applications for orders granting development consent E+W+S

(1) An order granting development consent may be made only if an application is made for it.

(2) An application for an order granting development consent must be made to the [F1 Secretary of State].

(3) An application for an order granting development consent must[F2 , so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory ]—

(a) specify the development to which it relates,

(b) be made in the prescribed form,

(c) be accompanied by the consultation report, and

(d) be accompanied by documents and information of a prescribed description.

(4) The [F1 Secretary of State] may give guidance about how the requirements under subsection (3) are to be complied with.

(5) The [F1 Secretary of State] may set standards for—

(a) the preparation of a document required by subsection (3)(d);

(b) the coverage in such a document of a matter falling to be dealt with in it;

(c) all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).

(6) The [F1 Secretary of State] must publish, in such manner as [F3 the Secretary of State] thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).

(7) In subsection (3)(c) “the consultation report” means a report giving details of—

(a) what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,

(b) any relevant responses, and

(c) the account taken of any relevant responses.

(8) In subsection (7) “relevant response” has the meaning given by section 49(3).

Textual Amendments

F1 Words in s. 37 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(2); S.I. 2012/628, art. 7(a)

F2 Words in s. 37(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3 Words in s. 37(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(3); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 37 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)