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 4 — Examination of applications under Chapter 2 or 3
42

(b)
the Commission’s report under paragraph 16 of Schedule 1 for the
financial year in which the power is exercised must mention and
explain what has been done.
90
Completion of Examining authority’s examination of application
When the Examining authority has completed its examination of the
5
application, it must inform each of the interested parties of that fact.
91
Assessors
(1)
The person appointed to chair the Commission (“the chair”) may, at the request
of the Examining authority, appoint a person to act as an assessor to assist the
Examining authority in the Examining authority’s examination of the
10
application.
(2)
A person may be appointed as an assessor only if it appears to the chair that
the person has expertise that makes the person a suitable person to provide
assistance to the Examining authority.
92
Interpretation of Chapter 4: “interested party” and other expressions
15
(1)
For the purposes of this Chapter, a person is an “interested party” if—
(a)
the person is the applicant,
(b)
the person is a statutory party,
(c)
the person is a relevant local authority,
(d)
the person is the Greater London Authority and the land is in Greater
20
London, or
(e)
the person has made a relevant representation.
(2)
In this Chapter “representation” includes evidence, and references to the
making of a representation include the giving of evidence.
(3)
In subsection (1) “statutory party” means a person specified in, or of a
25
description specified in, regulations made by the Secretary of State.
(4)
In subsection (1) “relevant representation” means a representation about the
application that—
(a)
is made in writing to the Commission and is received by the
Commission no later than the deadline that applies under section 50 to
30
the person making the representation, and
(b)
contains material other than—
(i)
material about compensation for compulsory acquisition of
land,
(ii)
material about the merits of policy set out in a national policy
35
statement, and
(iii)
material that is frivolous.
(5)
In subsection (1) “relevant local authority” means a local authority within
subsection (6) or (7).
(6)
A local authority is within this subsection if the land is in the authority’s area.
40
(7)
A local authority (“A”) is within this subsection if—
(a)
the land is in the area of another local authority (“B”), and

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 5 — Decisions on applications
43

(b)
any part of the boundary of A’s area is also a part of the boundary of
B’s area.
(8)
In subsections (5) to (7) “local authority” means—
(a)
a district council in England,
(b)
a county council for an area in England for which there are no district
5
councils,
(c)
a London borough council,
(d)
the Common Council of the City of London,
(e)
the Council of the Isles of Scilly,
(f)
a county council, or county borough council, in Wales, or
10
(g)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39).
(9)
In this section “the land” means the land to which the application relates or any
part of that land.
Chapter 5
15
Decisions on applications
93
Cases where Secretary of State is, and meaning of, decision-maker
(1)
The Secretary of State has the function of deciding an application for an order
granting development consent where—
(a)
in a case within section 66(2), the Secretary of State receives the Panel’s
20
report on the application, or
(b)
in a case within section 75(2)(b), the Secretary of State receives the
single Commissioner’s report on the application.
(2)
In this Act “decision-maker” in relation to an application for an order granting
development consent—
25
(a)
means the Panel that has the function of deciding the application, or
(b)
where the Council or the Secretary of State has the function of deciding
the application, means the Council or (as the case may be) the Secretary
of State.
94
Decisions of Panel and Council
30
(1)
This section applies in relation to an application for an order granting
development consent if the decision-maker is a Panel or the Council.
(2)
In deciding the application the Panel or Council must have regard to—
(a)
any national policy statement which has effect in relation to
development of the description to which the application relates (a
35
“relevant national policy statement”),
(b)
any matters prescribed in relation to development of that description,
and
(c)
any other matters which the Panel or Council thinks are both important
and relevant to its decision.
40
(3)
The Panel or Council must decide the application in accordance with any
relevant national policy statement, except to the extent that one or more of the
following subsections applies.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 6 — Suspension of decision-making process
44

(4)
This subsection applies if the Panel or Council is satisfied that deciding the
application in accordance with any relevant national policy statement would
lead to the United Kingdom being in breach of any of its international
obligations.
(5)
This subsection applies if the Panel or Council is satisfied that deciding the
5
application in accordance with any relevant national policy statement would
lead to the Panel or Council, or the Commission, being in breach of any duty
imposed on it by or under any enactment.
(6)
This subsection applies if the Panel or Council is satisfied that deciding the
application in accordance with any relevant national policy statement would
10
be unlawful by virtue of any enactment.
(7)
This subsection applies if the Panel or Council is satisfied that the adverse
impact of the proposed development would outweigh its benefits.
(8)
This subsection applies if the Panel or Council is satisfied that any condition
prescribed for deciding an application otherwise than in accordance with a
15
national policy statement is met.
95
Decisions of Secretary of State
(1)
This section applies in relation to an application for an order granting
development consent if the decision-maker is the Secretary of State.
(2)
In deciding the application the Secretary of State must have regard to—
20
(a)
any matters prescribed in relation to development of the description to
which the application relates, and
(b)
any other matters which the Secretary of State thinks are both
important and relevant to the Secretary of State’s decision.
96
Matters that may be disregarded when deciding application
25
(1)
In deciding an application for an order granting development consent, the
decision-maker may disregard representations if the decision-maker considers
that the representations—
(a)
are frivolous,
(b)
relate to the merits of policy set out in a national policy statement, or
30
(c)
relate to compensation for compulsory acquisition of land.
(2)
In this section “representation” includes evidence.
Chapter 6
Suspension of decision-making process
97
Suspension during review of national policy statement
35
(1)
This section applies where—
(a)
an application is made for an order granting development consent for
development of a description in relation to which a national policy
statement has effect, and
(b)
the Secretary of State thinks that, as a result of a change in
40
circumstances since the national policy statement was first published or

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
45

(if later) last reviewed, the statement should be reviewed before the
application is decided.
(2)
The Secretary of State may direct that, until the review of the national policy
statement has been completed and the Secretary of State has complied with
section 6(2) in relation to the review, the following are suspended—
5
(a)
examination of the application by a Panel under Chapter 2 or a single
Commissioner under Chapter 3 (if not already completed), and
(b)
decision of the application by that Panel or (as the case may be) the
Council.
Chapter 7
10
Intervention by Secretary of State
98
When power to intervene arises
(1)
Section 99 applies if—
(a)
an application is made for an order granting development consent for
development of a description in relation to which a national policy
15
statement has effect, and
(b)
the Secretary of State is satisfied that either the condition in subsection
(2) or the condition in subsection (3) is met.
(2)
The condition is that intervention by the Secretary of State would be in the
interests of defence or national security.
20
(3)
The condition is that—
(a)
since the time when the national policy statement was first published
or (if later) last reviewed, there has been a significant change in any
circumstances on the basis of which any policy set out in the statement
(“the relevant policy”) was decided,
25
(b)
the change was not anticipated at that time,
(c)
if the change had been anticipated at that time, the relevant policy
would have been materially different,
(d)
if the relevant policy was materially different, it would be likely to have
a material effect on the decision on the application, and
30
(e)
there is an urgent need in the national interest for the application to be
decided before the national policy statement is reviewed.
(4)
In deciding whether the tests in subsection (3)(d) and (e) are met, the Secretary
of State must have regard to the views of the Commission.
99
Power of Secretary of State to intervene
35
(1)
Where this section applies, the Secretary of State may direct that the
application is to be referred to the Secretary of State.
(2)
A direction under subsection (1) must be given by the end of the period of 4
weeks beginning with the day after the end of the meeting held under section
80(2).
40
(3)
Subsection (2) does not apply if the Secretary of State thinks there are
exceptional circumstances which justify a direction under subsection (1) being
given at a later time.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
46

(4)
A direction under subsection (1) must state the Secretary of State’s reasons for
being satisfied that the condition in section 98(2) or (3) is met.
100
Effect of intervention by Secretary of State
(1)
This section applies if the Secretary of State gives a direction under section
99(1) in relation to an application.
5
(2)
The application must be referred to the Secretary of State.
(3)
The Commission must secure that—
(a)
an examination of the matters specified by the Secretary of State is
conducted by a Panel or a single Commissioner, and
(b)
a report is made by the Panel or Commissioner to the Secretary of State
10
setting out the Panel or Commissioner’s findings and conclusions on
those matters.
(4)
The Panel or single Commissioner must—
(a)
complete the examination under subsection (3)(a) by the end of the
period specified by the Secretary of State, and
15
(b)
report under subsection (3)(b) by the end of the period specified by the
Secretary of State.
(5)
The Secretary of State must decide the application by the end of the period of
3 months beginning with the day after the day on which the Secretary of State
receives the report of the Panel or single Commissioner under subsection
20
(3)(b).
(6)
The Secretary of State may direct that things done in connection with the
examination of the application under Chapter 2 or 3 of this Part are to be
treated as done in connection with the examination under subsection (3)(a).
(7)
The following provisions of this Part apply (with any necessary modifications)
25
where an application for an order granting development consent is referred to
the Secretary of State under this section as they apply where an application is
not so referred—
(a)
in Chapter 1, sections 53(2) to (5), 54 and 55;
(b)
in Chapter 2, sections 56 (except subsection (1)(a)), 57 to 65, 66(2) to (4)
30
and 67 to 69;
(c)
in Chapter 3, sections 70 (except subsection (1)(a)), 71 to 74, and 75
(except subsection (2)(a));
(d)
in Chapter 4, sections 78 to 88 and 90 to 92.
Chapter 8
35
Grant or refusal
101
Grant or refusal of development consent
(1)
When it has decided an application for an order granting development
consent, the decision-maker must either—
(a)
make an order granting development consent, or
40
(b)
refuse development consent.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
47

(2)
Development consent may be granted for development specified in the
application which is—
(a)
development for which development consent is required, or
(b)
other development in England which—
(i)
is associated with that development (or any part of it), and
5
(ii)
is not the construction or extension of one or more dwellings.
(3)
To the extent that development consent is granted for development falling
within subsection (2)(b), section 29 applies to the development as it applies to
development for which development consent is required.
(4)
In deciding whether development falls within subsection (2)(b), a Panel or the
10
Council must have regard to any guidance issued by the Secretary of State.
102
Reasons for decision to grant or refuse development consent
(1)
The decision-maker must prepare a statement of its reasons for deciding to—
(a)
make an order granting development consent, or
(b)
refuse development consent.
15
(2)
The appropriate authority must provide a copy of the statement to each person
who is an interested party in relation to the application for the purposes of
Chapter 4 (see section 92).
(3)
The appropriate authority must publish the statement in such manner as the
authority thinks appropriate.
20
(4)
In subsections (2) and (3) “the appropriate authority” means—
(a)
the Commission where the decision-maker is a Panel or the Council;
(b)
the Secretary of State where the decision-maker is the Secretary of State.
103
Orders granting development consent: formalities
(1)
This section applies in relation to an order granting development consent.
25
(2)
If the order is made by a Panel or the Council it must be made in the name, and
under the seal, of the Commission.
(2)
If the order is made by the Secretary of State it must be made under the seal of
the Secretary of State.
(3)
The appropriate authority must provide a copy of the order to each person who
30
is an interested party in relation to the application for the purposes of Chapter
4 (see section 92).
(4)
The appropriate authority must publish the order in such manner as the
authority thinks appropriate.
(5)
In subsections (3) and (4) “the appropriate authority” means—
35
(a)
the Commission where the decision-maker is a Panel or the Council;
(b)
the Secretary of State where the decision-maker is the Secretary of State.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 9 — Legal challenges
48

Chapter 9
Legal challenges
104
Legal challenges relating to applications for orders granting development
consent
(1)
A court may entertain proceedings for questioning an order granting
5
development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with—
(i)
the day on which the order is published, or
(ii)
if later, the day on which the statement of reasons for making
10
the order is published.
(2)
A court may entertain proceedings for questioning a refusal of development
consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
15
day on which the statement of reasons for the refusal is published.
(3)
A court may entertain proceedings for questioning a decision of the
Commission under section 49 not to accept an application for an order granting
development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
20
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the Commission notifies the applicant as required by
subsection (7) of that section.
(4)
A court may entertain proceedings for questioning anything else done, or
omitted to be done, by the Secretary of State or the Commission in relation to
25
an application for an order granting development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
relevant day.
(5)
“The relevant day”, in relation to an application for an order granting
30
development consent, means the day on which—
(a)
the application is withdrawn,
(b)
the order granting development consent is published or (if later) the
statement of reasons for making the order is published, or
(c)
the statement of reasons for the refusal of development consent is
35
published.
(6)
Subsections (4) and (5) do not apply in relation to—
(a)
a failure to decide an application for an order granting development
consent, or
(b)
anything which delays (or is likely to delay) the decision on such an
40
application.