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53 | Notifying persons of accepted application |
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(1) | Subsections (2), (6) and (7) apply where the Commission accepts an application |
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for an order granting development consent. |
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(2) | The applicant must give notice of the application to— |
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(a) | such persons as may be prescribed, |
| 5 |
(b) | each authority which, in relation to the application, is a relevant local |
| |
authority within the meaning given by section 95(5), |
| |
(c) | the Greater London Authority if the land to which the application |
| |
relates, or any part of it, is in Greater London, and |
| |
(d) | each person who is within one or more of the categories set out in |
| 10 |
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(3) | Notice under subsection (2) must be in such form and contain such matter, and |
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be given in such manner, as may be prescribed. |
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(4) | The applicant must, when giving notice to a person under subsection (2), notify |
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the person of the deadline for receipt by the Commission of representations |
| 15 |
giving notice of the person’s interest in, or objection to, the application. |
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(5) | A deadline notified under subsection (4) must not be earlier than the end of the |
| |
period of 28 days that begins with the day after the day on which the person |
| |
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(6) | The applicant must make available, to each person to whom notice is given |
| 20 |
under subsection (2), a copy of— |
| |
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(b) | the documents and information that were required by section 35(3)(d) |
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to accompany the application. |
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(7) | The applicant must publicise the application in the prescribed manner. |
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(8) | Regulations made for the purposes of subsection (7) must, in particular, make |
| |
provision for publicity under subsection (7) to include a deadline for receipt by |
| |
the Commission of representations giving notice of persons’ interests in, or |
| |
objections to, the application. |
| |
(9) | A deadline specified in accordance with subsection (8) does not apply to a |
| 30 |
person to whom notice is given under subsection (2). |
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54 | Categories for purposes of section 53(2)(d) |
| |
(1) | A person is within Category 1 if the person is an owner, lessee, tenant |
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(whatever the tenancy period) or occupier of the land. |
| |
(2) | A person is within Category 2 if the applicant, after making diligent inquiry, |
| 35 |
| |
(a) | is interested in the land, or |
| |
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(i) | to sell and convey the land, or |
| |
(ii) | to release the land. |
| 40 |
(3) | An expression, other than “the land”, that appears in subsection (2) of this |
| |
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has |
| |
in subsection (2) the meaning that it has in section 5(1) of that Act. |
| |
|
| |
|
| |
|
(4) | A person is within Category 3 if the applicant thinks that, if the order sought |
| |
by the application were to be made and fully implemented, the person would |
| |
| |
(a) | as a result of the implementing of the order, |
| |
(b) | as a result of the order having been implemented, or |
| 5 |
(c) | as a result of use of the land once the order has been implemented, |
| |
| to make a relevant claim. |
| |
(5) | In subsection (4) “relevant claim” means— |
| |
(a) | a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) |
| |
(compensation where satisfaction not made for the taking, or injurious |
| 10 |
affection, of land subject to compulsory purchase), |
| |
(b) | a claim under Part 1 of the Land Compensation Act 1973 (c. 26) |
| |
(compensation for depreciation of land by emissions caused by use of |
| |
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(c) | a claim for nuisance. |
| 15 |
(6) | In this section “the land” means the land to which the application relates or any |
| |
| |
55 | Certifying compliance with section 53 |
| |
(1) | Subsection (2) applies where— |
| |
(a) | the Commission has accepted an application for an order granting |
| 20 |
| |
(b) | the applicant has complied with section 53 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 53 in relation to |
| |
| 25 |
(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. |
| |
(4) | A person commits an offence if the person recklessly issues a certificate |
| 30 |
| |
(a) | purports to be a certificate under subsection (2), and |
| |
(b) | contains a statement which is false or misleading in a material |
| |
| |
(5) | A person guilty of an offence under this section is liable on summary |
| 35 |
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 |
| |
| |
(7) | Section 127 of the Magistrates’ Courts Act 1980 (c. 43) has effect subject to |
| |
subsection (6) of this section. |
| 40 |
56 | Initial choice of Panel or single Commissioner |
| |
(1) | Subsection (2) applies where the Commission— |
| |
|
| |
|
| |
|
(a) | has accepted an application for an order granting development |
| |
| |
(b) | has received a certificate under section 55(2) in relation to the |
| |
| |
(2) | The person appointed to chair the Commission must decide whether the |
| 5 |
| |
(a) | is to be handled by a Panel under Chapter 2, or |
| |
(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 |
| 10 |
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. |
| |
(4) | Before making a decision under subsection (2), the person making the decision |
| |
| |
(a) | the other Commissioners who, for the purpose of responding to |
| 15 |
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. |
| |
(5) | In making a decision under subsection (2), the person making the decision |
| 20 |
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 |
| |
Chapter 2 or by a single Commissioner under Chapter 3. |
| 25 |
57 | Switching from single Commissioner to Panel |
| |
(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. |
| 30 |
(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 are to be |
| |
handled by a Panel under Chapter 2 and which by a single Commissioner |
| |
| |
(4) | Before making a decision under subsection (2), the person making the decision |
| 35 |
| |
(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 |
| 40 |
(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— |
| |
(a) | by any of the other Commissioners, or |
| |
(b) | by the chief executive of the Commission, |
| 45 |
|
| |
|
| |
|
| as to whether the application concerned should be handled by a Panel under |
| |
Chapter 2 instead of by a single Commissioner under Chapter 3. |
| |
58 | 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”). |
| 5 |
(2) | The chair may delegate the function to a person appointed as a deputy to the |
| |
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 |
| 10 |
on such terms as the chair determines. |
| |
(5) | Where the chair is a member of a Panel under Chapter 2, the chair’s function |
| |
under section 61(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 |
| 15 |
function under section 61(5)(b) in relation to the chair’s holding of the office of |
| |
lead member of that Panel is not exercisable by the chair but is exercisable by |
| |
| |
(7) | Where the chair is the single Commissioner appointed to handle an application |
| |
under Chapter 3, the chair’s function under section 75(3) in relation to the |
| 20 |
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 |
| |
under section 61(5)(a) in relation to that deputy’s membership of the Panel may |
| |
not be delegated under subsection (2) to that deputy. |
| 25 |
(9) | Where a deputy is the lead member of a Panel under Chapter 2, the chair’s |
| |
function under section 61(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) | Where a deputy is the single Commissioner appointed to handle an application |
| 30 |
under Chapter 3, the chair’s function under section 75(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. |
| |
| |
| 35 |
| |
59 | Panel for each application to be handled under this Chapter |
| |
(1) | This Chapter applies where— |
| |
(a) | the Commission accepts an application for an order granting |
| |
| 40 |
|
| |
|
| |
|
(b) | under section 56(2) or 57(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 |
| |
| |
60 | Appointment of members, and lead member, of Panel |
| 5 |
(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. |
| |
(2) | In this Chapter “the lead member” means the person who for the time being is |
| |
appointed to chair the Panel. |
| 10 |
(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— |
| |
(a) | the other Commissioners who, for the purpose of responding to |
| |
consultation about the appointment, are members of the Council, |
| 15 |
(b) | any Commissioner not within paragraph (a) who the person thinks it |
| |
appropriate to consult, and |
| |
(c) | the chief executive of the Commission. |
| |
(5) | In making an appointment under subsection (1), the person making the |
| |
appointment must have regard to any views expressed— |
| 20 |
(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. |
| |
61 | 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 |
| 25 |
Commissioner, but this is subject to section 62. |
| |
(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. |
| |
(3) | A person may resign from membership of the Panel by giving notice in writing |
| |
| 30 |
(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”)— |
| |
(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 |
| 35 |
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 |
| |
that the lead member is unable, unwilling or unfit to perform the duties |
| |
| 40 |
|
| |
|