Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
27

(a)
the Commission has accepted an application for an order granting
development consent, and
(b)
the applicant has complied with section 50 in relation to the application.
(2)
The applicant must, in such form and manner as may be prescribed, certify to
the Commission that the applicant has complied with section 50 in relation to
5
the application.
(3)
A person commits an offence if the person issues a certificate which—
(a)
purports to be a certificate under subsection (2), and
(b)
contains a statement which the person knows to be false or misleading
in a material particular.
10
(4)
A person commits an offence if the person recklessly issues a certificate
which—
(a)
purports to be a certificate under subsection (2), and
(b)
contains a statement which is false or misleading in a material
particular.
15
(5)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(6)
A magistrates’ court may try an information relating to an offence under this
section whenever laid.
(7)
Section 127 of the Magistrates’ Courts Act 1980 (c. 43) has effect subject to
20
subsection (6) of this section.
53
Initial choice of Panel or single Commissioner
(1)
Subsection (2) applies where the Commission—
(a)
has accepted an application for an order granting development
consent, and
25
(b)
has received a certificate under section 52(2) in relation to the
application.
(2)
The person appointed to chair the Commission must decide whether the
application—
(a)
is to be handled by a Panel under Chapter 2, or
30
(b)
is to be handled by a single Commissioner under Chapter 3.
(3)
A person making a decision under subsection (2) must have regard to any
guidance issued by the Secretary of State as to which applications to the
Commission for orders granting development consent are to be handled by a
Panel under Chapter 2 and which by a single Commissioner under Chapter 3.
35
(4)
Before making a decision under subsection (2), the person making the decision
must consult—
(a)
the other Commissioners who, for the purpose of responding to
consultation about the decision, are members of the Council,
(b)
any Commissioner not within paragraph (a) who the person thinks it
40
appropriate to consult, and
(c)
the chief executive of the Commission.
(5)
In making a decision under subsection (2), the person making the decision
must have regard to any views expressed—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
28

(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under
Chapter 2 or by a single Commissioner under Chapter 3.
54
Switching from single Commissioner to Panel
5
(1)
Subsection (2) applies where an application for an order granting development
consent is being handled by a single Commissioner under Chapter 3.
(2)
The person appointed to chair the Commission may decide that the application
should instead be handled by a Panel under Chapter 2.
(3)
A person making a decision under subsection (2) must have regard to any
10
guidance issued by the Secretary of State as to which applications are to be
handled by a Panel under Chapter 2 and which by a single Commissioner
under Chapter 3.
(4)
Before making a decision under subsection (2), the person making the decision
must consult—
15
(a)
the other Commissioners who, for the purpose of responding to
consultation about the decision, are members of the Council,
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.
20
(5)
In making a decision under subsection (2), the person making the decision
must have regard to any views expressed—
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under
25
Chapter 2 instead of by a single Commissioner under Chapter 3.
55
Delegation of functions by person appointed to chair Commission
(1)
Subsections (2) and (3) apply to any function conferred or imposed by this Part
on the person appointed to chair the Commission (“the chair”).
(2)
The chair may delegate the function to a person appointed as a deputy to the
30
chair (a “deputy”), subject to subsections (5) to (10).
(3)
If at any time there is (apart from this subsection) no-one who is able and
available to carry out the function, each deputy may carry out the function.
(4)
A function delegated under subsection (2) may be delegated to such extent and
on such terms as the chair determines.
35
(5)
Where the chair is a member of a Panel under Chapter 2, the chair’s function
under section 58(5)(a) in relation to the chair’s membership of the Panel is not
exercisable by the chair but is exercisable by each deputy.
(6)
Where the chair is the lead member of a Panel under Chapter 2, the chair’s
function under section 58(5)(b) in relation to the chair’s holding of the office of
40
lead member of that Panel is not exercisable by the chair but is exercisable by
each deputy.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
29

(7)
Where the chair is the single Commissioner appointed to handle an application
under Chapter 3, the chair’s function under section 72(3) in relation to the
chair’s holding of the office of single Commissioner in relation to that
application is not exercisable by the chair but is exercisable by each deputy.
(8)
Where a deputy is a member of a Panel under Chapter 2, the chair’s function
5
under section 58(5)(a) in relation to that deputy’s membership of the Panel may
not be delegated under subsection (2) to that deputy.
(9)
Where a deputy is the lead member of a Panel under Chapter 2, the chair’s
function under section 58(5)(b) in relation to that deputy’s holding of the office
of lead member of that Panel may not be delegated under subsection (2) to that
10
deputy.
(10)
Where a deputy is the single Commissioner appointed to handle an application
under Chapter 3, the chair’s function under section 72(3) in relation to that
deputy’s holding of the office of single Commissioner in relation to that
application may not be delegated under subsection (2) to that deputy.
15
Chapter 2
The Panel procedure
Panels
56
Panel for each application to be handled under this Chapter
(1)
This Chapter applies where—
20
(a)
the Commission accepts an application for an order granting
development consent, and
(b)
under section 53(2) or 54(2), it is decided that the application is to be
handled by a Panel under this Chapter.
(2)
There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the
25
application.
57
Appointment of members, and lead member, of Panel
(1)
The person appointed to chair the Commission must appoint—
(a)
three or more Commissioners to be members of the Panel, and
(b)
one of those Commissioners to chair the Panel.
30
(2)
In this Chapter “the lead member” means the person who for the time being is
appointed to chair the Panel.
(3)
A person may under subsection (1) make a self-appointment.
(4)
Before making an appointment under subsection (1), the person making the
appointment must consult—
35
(a)
the other Commissioners who, for the purpose of responding to
consultation about the appointment, are members of the Council,
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.
40

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
30

(5)
In making an appointment under subsection (1), the person making the
appointment must have regard to any views expressed—
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

about how many or which Commissioners should be appointed to the Panel.
5
58
Ceasing to be member, or lead member, of Panel
(1)
A person ceases to be a member of the Panel if the person ceases to be a
Commissioner, but this is subject to section 59.
(2)
The person appointed to be the lead member ceases to hold that office if the
person ceases to be a member of the Panel.
10
(3)
A person may resign from membership of the Panel by giving notice in writing
to the Commission.
(4)
The lead member may resign that office, without also resigning from
membership of the Panel, by giving notice in writing to the Commission.
(5)
The person appointed to chair the Commission (“the chair”)—
15
(a)
may remove a person (“the Panel member”) from membership of the
Panel if the chair is satisfied that the Panel member is unable, unwilling
or unfit to perform the duties of Panel membership;
(b)
may remove the lead member from that office, without also removing
the lead member from membership of the Panel, if the chair is satisfied
20
that the lead member is unable, unwilling or unfit to perform the duties
of the office.
59
Panel member continuing though ceasing to be Commissioner
(1)
This section applies if—
(a)
a person (“the ex-Commissioner”) ceases to hold office as a
25
Commissioner (other than by being removed from office under
paragraph 4(2) of Schedule 1),
(b)
immediately before ceasing to hold office, the ex-Commissioner is—
(i)
a member of the Panel, or
(ii)
a member of the Panel and the lead member,
30
(c)
the Panel is still handling the application at the time the ex-
Commissioner ceases to hold office, and
(d)
before ceasing to hold office, the ex-Commissioner elects to continue
acting as a Commissioner in relation to the application.
(2)
For the purpose of the application, the ex-Commissioner is to be treated as
35
continuing to hold office until the Panel has decided, or (as the case may be)
reported to the Secretary of State on, the application.
(3)
For the purpose of any proceedings arising out of the application, the ex-
Commissioner is to be treated as having continued to hold office until the Panel
had decided, or (as the case may be) reported to the Secretary of State on, the
40
application.
(4)
An election under subsection (1)(d) is effective only if made in the prescribed
form.