Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
35

72
Ceasing to be the single Commissioner
(1)
A person ceases to be the single Commissioner if the person ceases to be a
Commissioner, but this is subject to section 73.
(2)
A person may resign from being the single Commissioner by giving notice in
writing to the Commission.
5
(3)
The person appointed to chair the Commission (“the chair”) may remove a
person (“the appointee”) from being the single Commissioner if the chair is
satisfied that the appointee is unable, unwilling or unfit to perform the duties
of the single Commissioner.
73
Single Commissioner continuing though ceasing to be Commissioner
10
(1)
This section applies if—
(a)
a person (“the ex-Commissioner”) ceases to hold office as a
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 the
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single Commissioner,
(c)
the ex-Commissioner 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.
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(2)
For the purpose of the application, the ex-Commissioner is to be treated as
continuing to hold office until the ex-Commissioner has reported to the
Commission, or (as the case may be) 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 ex-
25
Commissioner had reported to the Commission, or (as the case may be) the
Secretary of State, on the application.
(4)
An election under subsection (1)(d) is effective only if made in the prescribed
form.
74
Appointment of replacement single Commissioner
30
(1)
Where a person ceases to be the single Commissioner, a new appointment of a
person to handle the application must be made under section 71.
(2)
Where that happens, the new single Commissioner may, so far as may be
appropriate, decide to treat things done by or in relation to any previous single
Commissioner as done by or in relation to the new single Commissioner.
35
(3)
Where the single Commissioner makes a decision under subsection (2), the
single Commissioner is under a duty to acquire the necessary knowledge of the
previous proceedings on the application.
Single Commissioner’s role in relation to application
75
Single Commissioner to examine and report on application
40
(1)
The single Commissioner has the functions of—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
36

(a)
examining the application, and
(b)
making a report on the application setting out—
(i)
the single Commissioner’s findings and conclusions in respect
of the application, and
(ii)
the single Commissioner’s recommendation as to the decision
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to be made on the application.
(2)
A report under subsection (1)(b) is to be made—
(a)
to the Commission, if a national policy statement has effect in relation
to development of the description to which the application relates;
(b)
to the Secretary of State, in any other case.
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(3)
The single Commissioner’s functions under subsection (1) 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 the single Commissioner in connection with the single
Commissioner’s carrying-out of the functions under subsection (1).
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Commission’s role in respect of application
76
Report from single Commissioner to be referred to Council
(1)
This section applies where, in a case within section 75(2)(a), the Commission
receives the single Commissioner’s report on the application.
(2)
The Commission must—
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(a)
refer the application to the Council for decision, and
(b)
supply the report to the Council.
77
Decisions made by the Council on the application
(1)
This section applies to decisions made by the Council in deciding the
application.
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(2)
At least five members of the Council must participate in making a decision.
(3)
The making of a decision requires the agreement of a majority of the members
of the Council who are participating in making it.
(4)
The person chairing the Council has a second (or casting) vote in the event that
the number of members of the Council agreeing to a proposed decision is the
30
same as the number of members not so agreeing.
Chapter 4
Examination of applications under Chapter 2 or 3
78
Chapter applies to examination by Panel or single Commissioner
(1)
This Chapter applies—
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(a)
in relation to the examination of an application by a Panel under
Chapter 2, and

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
37

(b)
in relation to the examination of an application by a single
Commissioner under Chapter 3.
(2)
In this Chapter as it applies in relation to the examination of an application by
a Panel under Chapter 2, “the Examining authority” means the Panel.
(3)
In this Chapter as it applies in relation to the examination of an application by
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a single Commissioner under Chapter 3, “the Examining authority” means the
single Commissioner.
79
Examining authority to control examination of application
(1)
It is for the Examining authority to decide how to examine the application.
(2)
The Examining authority, in making any decision about how the application is
10
to be examined, must—
(a)
comply with—
(i)
the following provisions of this Chapter, and
(ii)
any rules made under section 88, and
(b)
have regard to any guidance given by the Secretary of State, and any
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guidance given by the Commission, relevant to how the application is
to be examined.
(3)
The Examining authority may in examining the application disregard
representations if the Examining authority considers that the
representations—
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(a)
are frivolous,
(b)
relate to the merits of policy set out in a national policy statement, or
(c)
relate to compensation for compulsory acquisition of land.
80
Initial assessment of issues, and preliminary meeting
(1)
The Examining authority must make such an initial assessment of the principal
25
issues arising on the application as the Examining authority thinks
appropriate.
(2)
After making that assessment, the Examining authority must hold a meeting.
(3)
The Examining authority must invite to the meeting—
(a)
the applicant, and
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(b)
each other interested party,

whether or not the Examining authority is required by rules under section 88,
or chooses, also to invite other persons.
(4)
The purposes of the meeting are—
(a)
to enable invitees present at the meeting to make representations to the
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Examining authority about how the application should be examined,
(b)
to discuss any other matter that the Examining authority wishes to
discuss, and
(c)
any other purpose that may be specified in rules under section 88.
(5)
Subsections (2) to (4) do not prevent the Examining authority holding other
40
meetings.
(6)
Rules under section 88—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
38

(a)
may (in particular) make provision supplementing subsections (1) to
(4), and
(b)
must make provision as to when the assessment under subsection (1) is
to be made and as to when the meeting required by subsection (2) is to
be held.
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81
Examining authority’s decisions about how application is to be examined
(1)
The Examining authority must in the light of the discussion at the meeting held
under section 80(2) make such procedural decisions as the Examining
authority thinks appropriate.
(2)
The decisions required by subsection (1) may be made at or after the meeting.
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(3)
The Examining authority may make procedural decisions otherwise than as
required by subsection (1), and may do so at any time before or after the
meeting.
(4)
The Examining authority must inform each interested party of any procedural
decision made by the Examining authority.
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(5)
In this section “procedural decision” means a decision about how the
application is to be examined.
82
Written representations
(1)
The Examining authority’s examination of the application is to take the form
of consideration of written representations about the application.
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(2)
Subsection (1) has effect subject to—
(a)
any requirement under section 83 or 84 to cause a hearing to be held,
and
(b)
any decision by the Examining authority that any part of the
examination is to take a form that is neither—
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(i)
consideration of written representations, nor
(ii)
consideration of oral representations made at a hearing.
(3)
Rules under section 88 may (in particular) specify written representations
about the application which are to be, or which may be or may not be,
considered under subsection (1).
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83
Hearings about specific issues
(1)
Subsections (2) and (3) apply where the Examining authority decides that it is
necessary for the Examining authority’s examination of the application to
include the consideration of oral representations about a particular issue made
at a hearing in order to ensure—
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(a)
adequate examination of the issue, or
(b)
that an interested party has a fair chance to put the party’s case.
(2)
The Examining authority must cause a hearing to be held for the purpose of
receiving oral representations about the issue.
(3)
At the hearing, each interested party is entitled (subject to the Examining
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authority’s powers of control over the conduct of the hearing) to make oral
representations about the issue.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
39

(4)
Where the Examining authority is a Panel acting under Chapter 2, any two or
more hearings under subsection (2) may be held concurrently.
84
Open-floor hearings
(1)
The Examining authority must fix, and cause the interested parties to be
informed of, the deadline by which an interested party must notify the
5
Commission of the party’s wish to be heard at an open-floor hearing.
(2)
If the Commission receives notification from at least one interested party
before the deadline, the Examining authority must cause an open-floor hearing
to be held.
(3)
At an open-floor hearing, each interested party is entitled (subject to the
10
Examining authority’s powers of control over the conduct of the hearing) to
make oral representations about the application.
85
Hearings: general provisions
(1)
The following provisions of this section apply—
(a)
to a hearing under section 83(2), and
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(b)
to an open-floor hearing (see section 84).
(2)
The hearing—
(a)
must be in public, and
(b)
must be presided over by one or more of the members of the Panel or
(as the case may be) the single Commissioner.
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(3)
It is for the Examining authority to decide how the hearing is to be conducted.
(4)
In particular, it is for the Examining authority to decide—
(a)
whether a person making oral representations at the hearing may be
questioned at the hearing by an interested party and, if so, the matters
to which the questioning may relate;
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(b)
the amount of time to be allowed at the hearing—
(i)
for the making of a person’s representations (including
representations made in exercise of an entitlement under
section 83(3) or 84(3)), or
(ii)
for any questioning by an interested party.
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(5)
The Examining authority’s powers under subsections (3) and (4) are subject
to—
(a)
subsection (2), and
(b)
any rules made under section 88.
(6)
Although the Examining authority’s powers under subsections (3) and (4) may
35
be exercised for the purpose of controlling exercise of an entitlement under
section 83(3) or 84(3), those powers may not be exercised so as to deprive the
person entitled of all benefit of the entitlement.
(7)
In making decisions under subsection (4)(a), the Examining authority must
apply the principle that any oral questioning of a person making
40
representations at a hearing (whether the applicant or any other person)
should be undertaken by the Examining authority except where the Examining
authority thinks that, exceptionally, oral questioning by an interested party is
necessary in order to ensure—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
40

(a)
adequate testing of any representations, or
(b)
that an interested party has a fair chance to put the party’s case.
(8)
The Examining authority may refuse to allow representations to be made at the
hearing (including representations made in exercise of an entitlement under
section 83(3) or 84(3)) if the Examining authority considers that the
5
representations—
(a)
are irrelevant or frivolous,
(b)
relate to the merits of policy set out in a national policy statement,
(c)
repeat other representations already made (in any form and by any
person), or
10
(d)
relate to compensation for compulsory acquisition of land.
86
Hearings: disruption, supervision and costs
(1)
Where an interested party or any other person behaves in a disruptive manner
at a hearing, the Examining authority may decide to do any one or more of the
following—
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(a)
exclude the person from all, or part, of the remainder of the hearing;
(b)
allow the person to continue to attend the hearing only if the person
complies with conditions specified by the Examining authority;
(c)
exclude the person from other hearings;
(d)
direct that the person is allowed to attend other hearings only if the
20
person complies with conditions specified by the Examining authority.
(2)
In subsection (1) “hearing” means—
(a)
a preliminary meeting under section 80,
(b)
a hearing under section 83(2),
(c)
an open-floor hearing (see section 84),
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(d)
any other meeting or hearing that the Examining authority causes to be
held for the purposes of the Examining authority’s examination of the
application, or
(e)
a site visit.
(3)
The Examining authority’s examination of the application is a statutory
30
inquiry for the purposes of Schedule 7 to the Tribunals, Courts and
Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and
Tribunals Council).
(4)
Subsection (5) of section 250 of the Local Government Act 1972 (c. 70)
(provisions about costs applying where Minister causes a local inquiry to be
35
held) applies in relation to the Examining authority’s examination of the
application as it applies in relation to an inquiry under that section, but with
references to the Minister causing the inquiry to be held being read as
references to the Examining authority.
87
Representations not made orally may be made in writing
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(1)
Subsection (2) applies where—
(a)
a person asks the Examining authority to be allowed to make oral
representations about the application at a hearing,
(b)
the person does not (for whatever reason) make the representations
orally at a hearing,
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Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
41

(c)
written representations from the person are received by the
Commission before the Examining authority completes the Examining
authority’s examination of the application, and
(d)
the written representations state that they are ones that the person
asked to be allowed to, but did not, make orally at a hearing.
5
(2)
The Examining authority must consider the written representations as part of
the Examining authority’s examination of the application, subject to section
79(3).
88
Procedure rules
(1)
The Lord Chancellor, after consultation with the Administrative Justice and
10
Tribunals Council, may make rules regulating the procedure to be followed in
connection with the Examining authority’s examination of the application.
(2)
Rules under subsection (1) may make provision for or in connection with
authorising the Examining authority, alone or with others, to enter onto land,
including land owned or occupied otherwise than by the applicant, for the
15
purpose of inspecting the land as part of the Examining authority’s
examination of the application.
(3)
Rules under subsection (1) may regulate procedure in connection with matters
preparatory to the Examining authority’s examination of the application, and
in connection with matters subsequent to the examination, as well as in
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connection with the conduct of the examination.
(4)
Power under this section to make rules includes power to make different
provision for different purposes.
(5)
Power under this section to make rules is exercisable by statutory instrument.
(6)
A statutory instrument containing rules under this section is subject to
25
annulment pursuant to a resolution of either House of Parliament.
89
Timetable for examining, and deciding or reporting on, application
(1)
The Examining authority is under a duty to complete the Examining
authority’s examination of the application by the end of the period of 6 months
beginning with the day after the start day.
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(2)
The Examining authority is under a duty to decide the application, or (as the
case may be) make its report under section 66(2)(b) or 75(1)(b), by the end of
the period of 9 months beginning with the day after the start day.
(3)
The start day is the day on which the meeting required by section 80 is held or,
if that meeting is held on two or more days, the later or latest of those days.
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(4)
The person appointed to chair the Commission may set a date for a deadline
under this section that is later than the date for the time being set.
(5)
The power under subsection (4) may be exercised—
(a)
more than once in relation to the same deadline;
(b)
after the date for the time being set for the deadline.
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(6)
Where the power under subsection (4) is exercised—
(a)
the person exercising the power must notify the Secretary of State of
what has been done and of the reasons for doing it, and