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 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.
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(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.