Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
31

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Additional appointments to Panel
(1)
Subsections (2) and (3) apply at any time after the initial members of the Panel
have been appointed under section 57(1)(a).
(2)
The person appointed to chair the Commission may appoint a Commissioner
to be a member of the Panel.
5
(3)
If at any time the Panel has only two members or a single member, it is the duty
of the person appointed to chair the Commission to ensure that the power
under subsection (2) is exercised so as to secure that the Panel again has at least
three members.
(4)
A person appointed under subsection (2) becomes a member of the Panel in
10
addition to any person who is otherwise a member of the Panel.
(5)
A person may under subsection (2) make a self-appointment.
61
Replacement of lead member of Panel
(1)
Subsection (2) applies where a person ceases to hold the office of lead member.
(2)
The person appointed to chair the Commission must appoint a member of the
15
Panel to chair the Panel.
(3)
A person may be appointed under subsection (2) even though that person was
not a member of the Panel when the vacancy arose.
(4)
A person may under subsection (2) make a self-appointment.
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Membership of Panel where application relates to land in Wales
20
(1)
This section applies where the application relates to land in Wales (even if it
also relates to land not in Wales).
(2)
A person exercising power under section 57(1)(a) or 60(2) must do so with a
view to securing that, if reasonably practicable, at least one of the members of
the Panel is—
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(a)
a Commissioner who was nominated for appointment as a
Commissioner by the Welsh Ministers, or
(b)
a Commissioner who is within subsection (3).
(3)
A Commissioner is within this subsection if, when appointed to be a member
of the Panel, the Commissioner is one notified to the Commission by the Welsh
30
Ministers as being a Commissioner who should be treated for the purposes of
this section as being a Commissioner within subsection (2)(a).
63
Supplementary provision where Panel replaces single Commissioner
(1)
Subsections (2) and (3) apply where this Chapter applies as the result of a
decision under section 54(2).
35
(2)
A Commissioner who has handled the application under Chapter 3—
(a)
may be appointed under section 57(1)(a) or 60(2) as a member of the
Panel, and
(b)
if a member of the Panel, may be appointed under section 57(1)(b) or
61(2) to chair the Panel.
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Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
32

(3)
The Panel may, so far as it thinks appropriate, decide to treat things done by or
in relation to a Commissioner in proceedings under Chapter 3 on the
application as done by or in relation to the Panel.
(4)
Where the Panel makes a decision under subsection (3), the lead member is
under a duty to ensure that the membership of the Panel has the necessary
5
knowledge of the proceedings under Chapter 3 on the application.
64
Panel ceasing to have any members
(1)
If the Panel ceases to have any members, a new Panel must be constituted
under section 57(1).
(2)
At times after the new Panel has been constituted (but subject to the further
10
application of this subsection in the event that the new Panel ceases to have any
members), references in this Chapter to the Panel are to be read as references
to the new Panel.
(3)
The new Panel may, so far as it thinks appropriate, decide to treat things—
(a)
done by or in relation to a previous Panel appointed to handle the
15
application, or
(b)
treated under section 63(3) as done by or in relation to a previous Panel
appointed to handle the application,

as done by or in relation to the new Panel.
(4)
Where the Panel makes a decision under subsection (3), the lead member is
20
under a duty to ensure that the membership of the Panel has the necessary
knowledge of the proceedings on the application up until the reconstitution of
the Panel.
(5)
The power under section 60(2) is not exercisable at times when the Panel has
no members.
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65
Consequences of changes in Panel
(1)
The Panel’s continuing identity is to be taken not to be affected by—
(a)
any change in the membership of the Panel;
(b)
the Panel’s coming to have only two members or a single member;
(c)
any change in the lead member;
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(d)
a vacancy in that office.
(2)
When there is a change in the membership of the Panel, the lead member is
under a duty to ensure that the membership of the Panel after the change has
the necessary knowledge of the proceedings on the application up until the
change.
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(3)
Subsection (2) does not apply where the change occurs as a result of the Panel
being reconstituted as required by section 64(1).
Panel’s role in relation to application
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Panel to decide, or make recommendation in respect of, application
(1)
Where a national policy statement has effect in relation to development of the
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description to which the application relates, the Panel has the functions of—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
33

(a)
examining the application, and
(b)
deciding the application.
(2)
In any other case, the Panel has the functions of—
(a)
examining the application, and
(b)
making a report to the Secretary of State on the application setting
5
out—
(i)
the Panel’s findings and conclusions in respect of the
application, and
(ii)
the Panel’s recommendation as to the decision to be made on
the application.
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(3)
The Panel’s functions under this section are to be carried out in accordance
with Chapter 4.
(4)
The staff of the Commission have the function of providing or procuring
support for members of the Panel undertaking the Panel’s functions under this
section.
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Decision-making by the Panel
(1)
The making of a decision by the Panel requires the agreement of a majority of
its members.
(2)
The lead member has a second (or casting) vote in the event that the number of
members of the Panel agreeing to a proposed decision is the same as the
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number of members not so agreeing.
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Allocation within Panel of Panel’s functions
(1)
This section applies in relation to the Panel’s examination of the application.
(2)
The Panel, as an alternative to itself undertaking a part of the examination, may
allocate the undertaking of that part to any one or more of the members of the
25
Panel.
(3)
Where there is an allocation under subsection (2)—
(a)
anything that under Chapter 4 is required or authorised to be done by
or to the Panel in connection with the allocated part of the examination
may be done by or to the member or members concerned (or by or to
30
the Panel), and
(b)
findings and conclusions of the member or members concerned in
respect of the matters allocated are to be taken to be the Panel’s.
(4)
Subsection (3)(b) has effect subject to any decision of the Panel, made on the
occasion of making the allocation or earlier, as to the status of any such findings
35
or conclusions.
(5)
Where there is an allocation under subsection (2) to two or more of the
members of the Panel, the making of a decision by the members concerned
requires the agreement of all of them.
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Exercise of Panel’s powers for examining application
40
(1)
In this section “procedural power” means any power conferred on the Panel for
the purposes of its examination of the application.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
34

(2)
A procedural power, as well as being exercisable by the Panel itself, is also
(subject to subsection (3)) exercisable by any one or more of the members of the
Panel.
(3)
The Panel may decide to restrict or prohibit the exercise of a procedural power
otherwise than by the Panel itself.
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(4)
Subsection (2)—
(a)
applies whether or not there is an allocation under section 68(2), and
(b)
where there is such an allocation, is in addition to section 68(3)(a).
(5)
Subsection (3) does not authorise curtailment of power conferred by section
68(3)(a).
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Chapter 3
The single-Commissioner procedure
The single Commissioner
70
Single Commissioner to handle application
(1)
This Chapter applies where—
15
(a)
the Commission accepts an application for an order granting
development consent, and
(b)
under section 53(2), it is decided that the application is to be handled by
a single Commissioner under this Chapter.
(2)
In this Chapter “the single Commissioner” means the person who is appointed
20
to handle the application under this Chapter.
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Appointment of single Commissioner
(1)
The person appointed to chair the Commission must appoint a Commissioner
to handle the application.
(2)
A person may under subsection (1) make a self-appointment.
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(3)
Before making an appointment under subsection (1), the person making the
appointment must consult—
(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
30
appropriate to consult, and
(c)
the chief executive of the Commission.
(4)
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
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(b)
by the chief executive of the Commission,

as to which Commissioner should be appointed.