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 4 — Examination of applications under Chapter 2 or 3

42

 

Commission’s role in respect of application

79      

Report from single Commissioner to be referred to Council

(1)   

This section applies where, in a case within section 78(2)(a), the Commission

receives the single Commissioner’s report on the application.

(2)   

The Commission must—

5

(a)   

refer the application to the Council for decision, and

(b)   

supply the report to the Council.

80      

Decisions made by the Council on the application

(1)   

This section applies to decisions made by the Council in deciding the

application.

10

(2)   

At least five members of the Council must participate in making a decision.

(3)   

The making of a decision requires the agreement of a majority of the members

of the Council who are participating in making it.

(4)   

The person chairing the Council has a second (or casting) vote in the event that

the number of members of the Council agreeing to a proposed decision is the

15

same as the number of members not so agreeing.

Chapter 4

Examination of applications under Chapter 2 or 3

81      

Chapter applies to examination by Panel or single Commissioner

(1)   

This Chapter applies—

20

(a)   

in relation to the examination of an application by a Panel under

Chapter 2, and

(b)   

in relation to the examination of an application by a single

Commissioner under Chapter 3.

(2)   

In this Chapter as it applies in relation to the examination of an application by

25

a Panel under Chapter 2, “the Examining authority” means the Panel.

(3)   

In this Chapter as it applies in relation to the examination of an application by

a single Commissioner under Chapter 3, “the Examining authority” means the

single Commissioner.

82      

Examining authority to control examination of application

30

(1)   

It is for the Examining authority to decide how to examine the application.

(2)   

The Examining authority, in making any decision about how the application is

to be examined, must—

(a)   

comply with—

(i)   

the following provisions of this Chapter, and

35

(ii)   

any rules made under section 91, and

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

43

 

(b)   

have regard to any guidance given by the Secretary of State, and any

guidance given by the Commission, relevant to how the application is

to be examined.

(3)   

The Examining authority may in examining the application disregard

representations if the Examining authority considers that the

5

representations—

(a)   

are vexatious or frivolous,

(b)   

relate to the merits of policy set out in a national policy statement, or

(c)   

relate to compensation for compulsory acquisition of land.

83      

Initial assessment of issues, and preliminary meeting

10

(1)   

The Examining authority must make such an initial assessment of the principal

issues arising on the application as the Examining authority thinks

appropriate.

(2)   

After making that assessment, the Examining authority must hold a meeting.

(3)   

The Examining authority must invite to the meeting—

15

(a)   

the applicant, and

(b)   

each other interested party,

   

whether or not the Examining authority is required by rules under section 91,

or chooses, also to invite other persons.

(4)   

The purposes of the meeting are—

20

(a)   

to enable invitees present at the meeting to make representations to the

Examining authority about how the application should be examined,

(b)   

to discuss any other matter that the Examining authority wishes to

discuss, and

(c)   

any other purpose that may be specified in rules under section 91.

25

(5)   

Subsections (2) to (4) do not prevent the Examining authority holding other

meetings.

(6)   

Rules under section 91

(a)   

may (in particular) make provision supplementing subsections (1) to

(4), and

30

(b)   

must make provision as to when the assessment under subsection (1) is

to be made and as to when the meeting required by subsection (2) is to

be held.

84      

Examining authority’s decisions about how application is to be examined

(1)   

The Examining authority must in the light of the discussion at the meeting held

35

under section 83(2) make such procedural decisions as the Examining

authority thinks appropriate.

(2)   

The decisions required by subsection (1) may be made at or after the meeting.

(3)   

The Examining authority may make procedural decisions otherwise than as

required by subsection (1), and may do so at any time before or after the

40

meeting.

(4)   

The Examining authority must inform each interested party of any procedural

decision made by the Examining authority.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

44

 

(5)   

In this section “procedural decision” means a decision about how the

application is to be examined.

85      

Written representations

(1)   

The Examining authority’s examination of the application is to take the form

of consideration of written representations about the application.

5

(2)   

Subsection (1) has effect subject to—

(a)   

any requirement under section 86 or 87 to cause a hearing to be held,

and

(b)   

any decision by the Examining authority that any part of the

examination is to take a form that is neither—

10

(i)   

consideration of written representations, nor

(ii)   

consideration of oral representations made at a hearing.

(3)   

Rules under section 91 may (in particular) specify written representations

about the application which are to be, or which may be or may not be,

considered under subsection (1).

15

86      

Hearings about specific issues

(1)   

Subsections (2) and (3) apply where the Examining authority decides that it is

necessary for the Examining authority’s examination of the application to

include the consideration of oral representations about a particular issue made

at a hearing in order to ensure—

20

(a)   

adequate examination of the issue, or

(b)   

that an interested party has a fair chance to put the party’s case.

(2)   

The Examining authority must cause a hearing to be held for the purpose of

receiving oral representations about the issue.

(3)   

At the hearing, each interested party is entitled (subject to the Examining

25

authority’s powers of control over the conduct of the hearing) to make oral

representations about the issue.

(4)   

Where the Examining authority is a Panel acting under Chapter 2, any two or

more hearings under subsection (2) may be held concurrently.

87      

Open-floor hearings

30

(1)   

The Examining authority must fix, and cause the interested parties to be

informed of, the deadline by which an interested party must notify the

Commission of the party’s wish to be heard at an open-floor hearing.

(2)   

If the Commission receives notification from at least one interested party

before the deadline, the Examining authority must cause an open-floor hearing

35

to be held.

(3)   

At an open-floor hearing, each interested party is entitled (subject to the

Examining authority’s powers of control over the conduct of the hearing) to

make oral representations about the application.

88      

Hearings: general provisions

40

(1)   

The following provisions of this section apply—

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

45

 

(a)   

to a hearing under section 86(2), and

(b)   

to an open-floor hearing (see section 87).

(2)   

The hearing—

(a)   

must be in public, and

(b)   

must be presided over by one or more of the members of the Panel or

5

(as the case may be) the single Commissioner.

(3)   

It is for the Examining authority to decide how the hearing is to be conducted.

(4)   

In particular, it is for the Examining authority to decide—

(a)   

whether a person making oral representations at the hearing may be

questioned at the hearing by an interested party and, if so, the matters

10

to which the questioning may relate;

(b)   

the amount of time to be allowed at the hearing—

(i)   

for the making of a person’s representations (including

representations made in exercise of an entitlement under

section 86(3) or 87(3)), or

15

(ii)   

for any questioning by an interested party.

(5)   

The Examining authority’s powers under subsections (3) and (4) are subject

to—

(a)   

subsection (2), and

(b)   

any rules made under section 91.

20

(6)   

Although the Examining authority’s powers under subsections (3) and (4) may

be exercised for the purpose of controlling exercise of an entitlement under

section 86(3) or 87(3), those powers may not be exercised so as to deprive the

person entitled of all benefit of the entitlement.

(7)   

In making decisions under subsection (4)(a), the Examining authority must

25

apply the principle that any oral questioning of a person making

representations at a hearing (whether the applicant or any other person)

should be undertaken by the Examining authority except where the Examining

authority thinks that, exceptionally, oral questioning by an interested party is

necessary in order to ensure—

30

(a)   

adequate testing of any representations, or

(b)   

that an interested party has a fair chance to put the party’s case.

(8)   

The Examining authority may refuse to allow representations to be made at the

hearing (including representations made in exercise of an entitlement under

section 86(3) or 87(3)) if the Examining authority considers that the

35

representations—

(a)   

are irrelevant, vexatious or frivolous,

(b)   

relate to the merits of policy set out in a national policy statement,

(c)   

repeat other representations already made (in any form and by any

person), or

40

(d)   

relate to compensation for compulsory acquisition of land.

89      

Hearings: disruption, supervision and costs

(1)   

Where an interested party or any other person behaves in a disruptive manner

at a hearing, the Examining authority may decide to do any one or more of the

following—

45

(a)   

exclude the person from all, or part, of the remainder of the hearing;

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

46

 

(b)   

allow the person to continue to attend the hearing only if the person

complies with conditions specified by the Examining authority;

(c)   

exclude the person from other hearings;

(d)   

direct that the person is allowed to attend other hearings only if the

person complies with conditions specified by the Examining authority.

5

(2)   

In subsection (1) “hearing” means—

(a)   

a preliminary meeting under section 83,

(b)   

a hearing under section 86(2),

(c)   

an open-floor hearing (see section 87),

(d)   

any other meeting or hearing that the Examining authority causes to be

10

held for the purposes of the Examining authority’s examination of the

application, or

(e)   

a site visit.

(3)   

The Examining authority’s examination of the application is a statutory

inquiry for the purposes of Schedule 7 to the Tribunals, Courts and

15

Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and

Tribunals Council).

(4)   

Subsection (5) of section 250 of the Local Government Act 1972 (c. 70)

(provisions about costs applying where Minister causes a local inquiry to be

held) applies in relation to the Examining authority’s examination of the

20

application as it applies in relation to an inquiry under that section, but with

references to the Minister causing the inquiry to be held being read as

references to the Examining authority.

90      

Representations not made orally may be made in writing

(1)   

Subsection (2) applies where—

25

(a)   

a person asks the Examining authority to be allowed to make oral

representations about the application at a hearing,

(b)   

the person does not (for whatever reason) make the representations

orally at a hearing,

(c)   

written representations from the person are received by the

30

Commission before the Examining authority completes the Examining

authority’s examination of the application, and

(d)   

the written representations state that they are ones that the person

asked to be allowed to, but did not, make orally at a hearing.

(2)   

The Examining authority must consider the written representations as part of

35

the Examining authority’s examination of the application, subject to section

82(3).

91      

Procedure rules

(1)   

The Lord Chancellor, after consultation with the Administrative Justice and

Tribunals Council, may make rules regulating the procedure to be followed in

40

connection with the Examining authority’s examination of the application.

(2)   

Rules under subsection (1) may make provision for or in connection with

authorising the Examining authority, alone or with others, to enter onto land,

including land owned or occupied otherwise than by the applicant, for the

purpose of inspecting the land as part of the Examining authority’s

45

examination of the application.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

47

 

(3)   

Rules under subsection (1) may regulate procedure in connection with matters

preparatory to the Examining authority’s examination of the application, and

in connection with matters subsequent to the examination, as well as in

connection with the conduct of the examination.

(4)   

Power under this section to make rules includes power to make different

5

provision for different purposes.

(5)   

Power under this section to make rules is exercisable by statutory instrument.

(6)   

A statutory instrument containing rules under this section is subject to

annulment pursuant to a resolution of either House of Parliament.

92      

Timetable for examining, and reporting on, application

10

(1)   

The Examining authority is under a duty to complete the Examining

authority’s examination of the application by the end of the period of 6 months

beginning with the day after the start day.

(2)   

The start day is the day on which the meeting required by section 83 is held or,

if that meeting is held on two or more days, the later or latest of those days.

15

(3)   

In a case where the Examining authority is required to make a report to the

Secretary of State under section 69(2)(b) or 78(2)(b), the Examining authority is

under a duty to make its report by the end of the period of 3 months beginning

with the day after the deadline for completion of its examination of the

application.

20

(4)   

The person appointed to chair the Commission may set a date for a deadline

under this section that is later than the date for the time being set.

(5)   

The power under subsection (4) may be exercised—

(a)   

more than once in relation to the same deadline;

(b)   

after the date for the time being set for the deadline.

25

(6)   

Where the power under subsection (4) is exercised—

(a)   

the person exercising the power must notify the Secretary of State of

what has been done and of the reasons for doing it, and

(b)   

the Commission’s report under paragraph 16 of Schedule 1 for the

financial year in which the power is exercised must mention and

30

explain what has been done.

93      

Completion of Examining authority’s examination of application

When the Examining authority has completed its examination of the

application, it must inform each of the interested parties of that fact.

94      

Assessors

35

(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

application.

(2)   

A person may be appointed as an assessor only if it appears to the chair that

40

the person has expertise that makes the person a suitable person to provide

assistance to the Examining authority.

 
 

 
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