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 2 — The Panel procedure
36

62
Panel member continuing though ceasing to be Commissioner
(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),
5
(b)
immediately before ceasing to hold office, the ex-Commissioner is—
(i)
a member of the Panel, or
(ii)
a member of the Panel and the lead member,
(c)
the Panel is still handling the application at the time the ex-
Commissioner ceases to hold office, and
10
(d)
before ceasing to hold office, the ex-Commissioner elects to continue
acting as a Commissioner in relation to the application.
(2)
For the purpose of the application, the ex-Commissioner is to be treated as
continuing to hold office until—
(a)
the Panel has decided, or (as the case may be) reported to the Secretary
15
of State on, the application, or
(b)
(if earlier) the ex-Commissioner ceases to be a member of the Panel.
(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—
(a)
the Panel had decided, or (as the case may be) reported to the Secretary
20
of State on, the application, or
(b)
(if earlier) the ex-Commissioner ceased to be a member of the Panel.
(4)
An election under subsection (1)(d) is effective only if made in the prescribed
form.
63
Additional appointments to Panel
25
(1)
Subsections (2) and (3) apply at any time after the initial members of the Panel
have been appointed under section 60(1)(a).
(2)
The person appointed to chair the Commission may appoint a Commissioner
to be a member of the Panel.
(3)
If at any time the Panel has only two members or a single member, it is the duty
30
of the person appointed to chair the Commission to ensure that the power
under subsection (2) is exercised so as to secure that the Panel again has at least
three members.
(4)
A person appointed under subsection (2) becomes a member of the Panel in
addition to any person who is otherwise a member of the Panel.
35
(5)
A person may under subsection (2) make a self-appointment.
64
Replacement of lead member of Panel
(1)
Subsection (2) applies where a person ceases to hold the office of lead member.
(2)
The person appointed to chair the Commission must appoint a member of the
Panel to chair the Panel.
40
(3)
A person may be appointed under subsection (2) even though that person was
not a member of the Panel when the vacancy arose.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
37

(4)
A person may under subsection (2) make a self-appointment.
65
Membership of Panel where application relates to land in Wales
(1)
This section applies where the application relates to land in Wales (even if it
also relates to land not in Wales).
(2)
A person exercising power under section 60(1)(a) or 63(2) must do so with a
5
view to securing that, if reasonably practicable, at least one of the members of
the Panel is—
(a)
a Commissioner who was nominated for appointment as a
Commissioner by the Welsh Ministers, or
(b)
a Commissioner who is within subsection (3).
10
(3)
A Commissioner is within this subsection if, when appointed to be a member
of the Panel, the Commissioner is one notified to the Commission by the Welsh
Ministers as being a Commissioner who should be treated for the purposes of
this section as being a Commissioner within subsection (2)(a).
66
Supplementary provision where Panel replaces single Commissioner
15
(1)
Subsections (2) and (3) apply where this Chapter applies as the result of a
decision under section 57(2).
(2)
A Commissioner who has handled the application under Chapter 3—
(a)
may be appointed under section 60(1)(a) or 63(2) as a member of the
Panel, and
20
(b)
if a member of the Panel, may be appointed under section 60(1)(b) or
64(2) to chair the Panel.
(3)
The Panel may, so far as it thinks appropriate, decide to treat things done by or
in relation to a Commissioner in proceedings under Chapter 3 on the
application as done by or in relation to the Panel.
25
(4)
Where the Panel makes a decision under subsection (3), the lead member is
under a duty to ensure that the membership of the Panel has the necessary
knowledge of the proceedings under Chapter 3 on the application.
67
Panel ceasing to have any members
(1)
If the Panel ceases to have any members, a new Panel must be constituted
30
under section 60(1).
(2)
At times after the new Panel has been constituted (but subject to the further
application of this subsection in the event that the new Panel ceases to have any
members), references in this Chapter to the Panel are to be read as references
to the new Panel.
35
(3)
The new Panel may, so far as it thinks appropriate, decide to treat things—
(a)
done by or in relation to a previous Panel appointed to handle the
application, or
(b)
treated under section 66(3) as done by or in relation to a previous Panel
appointed to handle the application,
40

as done by or in relation to the new Panel.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
38

(4)
Where the Panel makes a decision under subsection (3), the lead member is
under a duty to ensure that the membership of the Panel has the necessary
knowledge of the proceedings on the application up until the reconstitution of
the Panel.
(5)
The power under section 63(2) is not exercisable at times when the Panel has
5
no members.
68
Consequences of changes in Panel
(1)
The Panel’s continuing identity is to be taken not to be affected by—
(a)
any change in the membership of the Panel;
(b)
the Panel’s coming to have only two members or a single member;
10
(c)
any change in the lead member;
(d)
a vacancy in that office.
(2)
When there is a change in the membership of the Panel, the lead member is
under a duty to ensure that the membership of the Panel after the change has
the necessary knowledge of the proceedings on the application up until the
15
change.
(3)
Subsection (2) does not apply where the change occurs as a result of the Panel
being reconstituted as required by section 67(1).
Panel’s role in relation to application
69
Panel to decide, or make recommendation in respect of, application
20
(1)
Where a national policy statement has effect in relation to development of the
description to which the application relates, the Panel has the functions of—
(a)
examining the application, and
(b)
deciding the application.
(2)
In any other case, the Panel has the functions of—
25
(a)
examining the application, and
(b)
making a report to the Secretary of State on the application setting
out—
(i)
the Panel’s findings and conclusions in respect of the
application, and
30
(ii)
the Panel’s recommendation as to the decision to be made on
the application.
(3)
The Panel’s functions under this section are to be carried out in accordance
with Chapter 4.
(4)
The staff of the Commission have the function of providing or procuring
35
support for members of the Panel undertaking the Panel’s functions under this
section.
70
Decision-making by the Panel
(1)
The making of a decision by the Panel requires the agreement of a majority of
its members.
40

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
39

(2)
The lead member has a second (or casting) vote in the event that the number of
members of the Panel agreeing to a proposed decision is the same as the
number of members not so agreeing.
71
Allocation within Panel of Panel’s functions
(1)
This section applies in relation to the Panel’s examination of the application.
5
(2)
The Panel, as an alternative to itself undertaking a part of the examination, may
allocate the undertaking of that part to any one or more of the members of the
Panel.
(3)
Where there is an allocation under subsection (2)—
(a)
anything that under Chapter 4 is required or authorised to be done by
10
or to the Panel in connection with the allocated part of the examination
may be done by or to the member or members concerned (or by or to
the Panel), and
(b)
findings and conclusions of the member or members concerned in
respect of the matters allocated are to be taken to be the Panel’s.
15
(4)
Subsection (3)(b) has effect subject to any decision of the Panel, made on the
occasion of making the allocation or earlier, as to the status of any such findings
or conclusions.
(5)
Where there is an allocation under subsection (2) to two or more of the
members of the Panel, the making of a decision by the members concerned
20
requires the agreement of all of them.
72
Exercise of Panel’s powers for examining application
(1)
In this section “procedural power” means any power conferred on the Panel for
the purposes of its examination of the application.
(2)
A procedural power, as well as being exercisable by the Panel itself, is also
25
(subject to subsection (3)) exercisable by any one or more of the members of the
Panel.
(3)
The Panel may decide to restrict or prohibit the exercise of a procedural power
otherwise than by the Panel itself.
(4)
Subsection (2)—
30
(a)
applies whether or not there is an allocation under section 71(2), and
(b)
where there is such an allocation, is in addition to section 71(3)(a).
(5)
Subsection (3) does not authorise curtailment of a power conferred by section
71(3)(a).
Chapter 3
35
The single-Commissioner procedure
The single Commissioner
73
Single Commissioner to handle application
(1)
This Chapter applies where—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
40

(a)
the Commission accepts an application for an order granting
development consent, and
(b)
under section 56(2), it is decided that the application is to be handled by
a single Commissioner under this Chapter.
(2)
In this Chapter “the single Commissioner” means the person who is appointed
5
to handle the application under this Chapter.
74
Appointment of single Commissioner
(1)
The person appointed to chair the Commission must appoint a Commissioner
to handle the application.
(2)
A person may under subsection (1) make a self-appointment.
10
(3)
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,
(b)
any Commissioner not within paragraph (a) who the person thinks it
15
appropriate to consult, and
(c)
the chief executive of the Commission.
(4)
In making an appointment under subsection (1), the person making the
appointment must have regard to any views expressed—
(a)
by any of the other Commissioners, or
20
(b)
by the chief executive of the Commission,

as to which Commissioner should be appointed.
75
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 76.
25
(2)
A person may resign from being the single Commissioner by giving notice in
writing to the Commission.
(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
30
of the single Commissioner.
76
Single Commissioner continuing though ceasing to be Commissioner
(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
35
paragraph 4(2) of Schedule 1),
(b)
immediately before ceasing to hold office, the ex-Commissioner is the
single Commissioner,
(c)
the ex-Commissioner is still handling the application at the time the ex-
Commissioner ceases to hold office, and
40
(d)
before ceasing to hold office, the ex-Commissioner elects to continue
acting as a Commissioner in relation to the application.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
41

(2)
For the purpose of the application, the ex-Commissioner is to be treated as
continuing to hold office until—
(a)
the ex-Commissioner has reported to the Commission, or (as the case
may be) the Secretary of State, on the application, or
(b)
(if earlier) the ex-Commissioner ceases to be the single Commissioner.
5
(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—
(a)
the ex-Commissioner had reported to the Commission, or (as the case
may be) the Secretary of State, on the application, or
(b)
(if earlier) the ex-Commissioner ceased to be the single Commissioner.
10
(4)
An election under subsection (1)(d) is effective only if made in the prescribed
form.
77
Appointment of replacement single Commissioner
(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 74.
15
(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.
(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
20
previous proceedings on the application.
Single Commissioner’s role in relation to application
78
Single Commissioner to examine and report on application
(1)
The single Commissioner has the functions of—
(a)
examining the application, and
25
(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
to be made on the application.
30
(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.
(3)
The single Commissioner’s functions under subsection (1) are to be carried out
35
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).