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 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.
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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).
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.
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(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.
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(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.
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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.
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