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Planning Bill


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

31

 

60      

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.

62      

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—

25

(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.

40

 
 

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

66      

Panel to decide, or make recommendation in respect of, application

(1)   

Where a national policy statement has effect in relation to development of the

40

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.

10

(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.

15

67      

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.

68      

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

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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.

69      

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.

5

(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).

10

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.

71      

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.

 
 

 
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Revised 27 November 2007