House of Commons portcullis
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 1 — Handling of application by Commission

31

 

53      

Notifying persons of accepted application

(1)   

Subsections (2), (6) and (7) apply where the Commission accepts an application

for an order granting development consent.

(2)   

The applicant must give notice of the application to—

(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

section 54.

(3)   

Notice under subsection (2) must be in such form and contain such matter, and

be given in such manner, as may be prescribed.

(4)   

The applicant must, when giving notice to a person under subsection (2), notify

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.

(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

receives the notice.

(6)   

The applicant must make available, to each person to whom notice is given

20

under subsection (2), a copy of—

(a)   

the application, and

(b)   

the documents and information that were required by section 35(3)(d)

to accompany the application.

(7)   

The applicant must publicise the application in the prescribed manner.

25

(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).

54      

Categories for purposes of section 53(2)(d)

(1)   

A person is within Category 1 if the person is an owner, lessee, tenant

(whatever the tenancy period) or occupier of the land.

(2)   

A person is within Category 2 if the applicant, after making diligent inquiry,

35

knows that the person—

(a)   

is interested in the land, or

(b)   

has power—

(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.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission

32

 

(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

or might be entitled—

(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

public works), or

(c)   

a claim for nuisance.

15

(6)   

In this section “the land” means the land to which the application relates or any

part of that land.

55      

Certifying compliance with section 53

(1)   

Subsection (2) applies where—

(a)   

the Commission has accepted an application for an order granting

20

development consent, and

(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

the application.

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

which—

(a)   

purports to be a certificate under subsection (2), and

(b)   

contains a statement which is false or misleading in a material

particular.

(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

section whenever laid.

(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—

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission

33

 

(a)   

has accepted an application for an order granting development

consent, and

(b)   

has received a certificate under section 55(2) in relation to the

application.

(2)   

The person appointed to chair the Commission must decide whether the

5

application—

(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

must consult—

(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

under Chapter 3.

(4)   

Before making a decision under subsection (2), the person making the decision

35

must consult—

(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

 
 

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

34

 

   

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

each deputy.

(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

deputy.

(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.

Chapter 2

The Panel procedure

35

Panels

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

development consent, and

40

 
 

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

35

 

(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

application.

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

to the Commission.

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

of the office.

40

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 7 February 2008