Planning Bill

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
48

95
Interpretation of Chapter 4: “interested party” and other expressions
(1)
For the purposes of this Chapter, a person is an “interested party” if—
(a)
the person is the applicant,
(b)
the person is a statutory party,
(c)
the person is a relevant local authority,
5
(d)
the person is the Greater London Authority and the land is in Greater
London, or
(e)
the person has made a relevant representation.
(2)
In this Chapter “representation” includes evidence, and references to the
making of a representation include the giving of evidence.
10
(3)
In subsection (1) “statutory party” means a person specified in, or of a
description specified in, regulations made by the Secretary of State.
(4)
A representation is a relevant representation for the purposes of subsection (1)
to the extent that—
(a)
it is a representation about the application,
15
(b)
it is made to the Commission in the prescribed form and manner,
(c)
it is received by the Commission no later than the deadline that applies
under section 53 to the person making it,
(d)
it contains material of a prescribed description, and
(e)
it does not contain—
20
(i)
material about compensation for compulsory acquisition of
land,
(ii)
material about the merits of policy set out in a national policy
statement, or
(iii)
material that is vexatious or frivolous.
25
(5)
In subsection (1) “relevant local authority” means a local authority within
subsection (6) or (7).
(6)
A local authority is within this subsection if the land is in the authority’s area.
(7)
A local authority (“A”) is within this subsection if—
(a)
the land is in the area of another local authority (“B”), and
30
(b)
any part of the boundary of A’s area is also a part of the boundary of
B’s area.
(8)
In subsections (5) to (7) “local authority” means—
(a)
a county council, or district council, in England,
(b)
a London borough council,
35
(c)
the Common Council of the City of London,
(d)
the Council of the Isles of Scilly,
(e)
a county council, or county borough council, in Wales, or
(f)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39).
40
(9)
In this section “the land” means the land to which the application relates or any
part of that land.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 5 — Decisions on applications
49

Chapter 5
Decisions on applications
96
Cases where Secretary of State is, and meaning of, decision-maker
(1)
The Secretary of State has the function of deciding an application for an order
granting development consent where—
5
(a)
in a case within section 69(2), the Secretary of State receives the Panel’s
report on the application, or
(b)
in a case within section 78(2)(b), the Secretary of State receives the
single Commissioner’s report on the application.
(2)
In this Act “decision-maker” in relation to an application for an order granting
10
development consent—
(a)
means the Panel that has the function of deciding the application, or
(b)
where the Council or the Secretary of State has the function of deciding
the application, means the Council or (as the case may be) the Secretary
of State.
15
97
Decisions of Panel and Council
(1)
This section applies in relation to an application for an order granting
development consent if the decision-maker is a Panel or the Council.
(2)
In deciding the application the Panel or Council must have regard to—
(a)
any national policy statement which has effect in relation to
20
development of the description to which the application relates (a
“relevant national policy statement”),
(b)
any matters prescribed in relation to development of that description,
and
(c)
any other matters which the Panel or Council thinks are both important
25
and relevant to its decision.
(3)
The Panel or Council must decide the application in accordance with any
relevant national policy statement, except to the extent that one or more of the
following subsections applies.
(4)
This subsection applies if the Panel or Council is satisfied that deciding the
30
application in accordance with any relevant national policy statement would
lead to the United Kingdom being in breach of any of its international
obligations.
(5)
This subsection applies if the Panel or Council is satisfied that deciding the
application in accordance with any relevant national policy statement would
35
lead to the Panel or Council, or the Commission, being in breach of any duty
imposed on it by or under any enactment.
(6)
This subsection applies if the Panel or Council is satisfied that deciding the
application in accordance with any relevant national policy statement would
be unlawful by virtue of any enactment.
40
(7)
This subsection applies if the Panel or Council is satisfied that the adverse
impact of the proposed development would outweigh its benefits.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 5 — Decisions on applications
50

(8)
This subsection applies if the Panel or Council is satisfied that any condition
prescribed for deciding an application otherwise than in accordance with a
national policy statement is met.
98
Decisions of Secretary of State
(1)
This section applies in relation to an application for an order granting
5
development consent if the decision-maker is the Secretary of State.
(2)
In deciding the application the Secretary of State must have regard to—
(a)
any matters prescribed in relation to development of the description to
which the application relates, and
(b)
any other matters which the Secretary of State thinks are both
10
important and relevant to the Secretary of State’s decision.
99
Matters that may be disregarded when deciding application
(1)
In deciding an application for an order granting development consent, the
decision-maker may disregard representations if the decision-maker considers
that the representations—
15
(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.
(2)
In this section “representation” includes evidence.
100
Timetable for decisions
20
(1)
The decision-maker is under a duty to decide an application for an order
granting development consent by the end of the period of 3 months beginning
with the day after the start day.
(2)
The start day is—
(a)
in a case where a Panel is the decision-maker, the deadline for the
25
completion of its examination of the application under section 92;
(b)
in a case where the Council is the decision-maker, the deadline for the
completion of the single Commissioner’s examination of the
application under section 92;
(c)
in a case where the Secretary of State is the decision-maker, the day on
30
which the Secretary of State receives a report on the application under
section 69(2)(b) or 78(2)(b).
(3)
The appropriate authority may set a date for the deadline under subsection (1)
that is later than the date for the time being set.
(4)
The appropriate authority is—
35
(a)
in a case where a Panel or the Council is the decision-maker, the person
appointed to chair the Commission;
(b)
in a case where the Secretary of State is the decision-maker, the
Secretary of State.
(5)
The power under subsection (3) may be exercised—
40
(a)
more than once in relation to the same deadline;
(b)
after the date for the time being set for the deadline.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
51

(6)
Where the power under subsection (3) is exercised other than by the Secretary
of State—
(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
5
financial year in which the power is exercised must mention and
explain what has been done.
(7)
Where the power under subsection (3) is exercised by the Secretary of State, the
Secretary of State must—
(a)
notify each interested party of what has been done and of the reasons
10
for doing it, and
(b)
lay before Parliament a report explaining what has been done.
(8)
A report under subsection (7)(b) must be published in such form and manner
as the Secretary of State thinks appropriate.
(9)
“Interested party” means a person who is an interested party in relation to the
15
application for the purposes of Chapter 4 (see section 95).
Chapter 6
Suspension of decision-making process
101
Suspension during review of national policy statement
(1)
This section applies where—
20
(a)
an application is made for an order granting development consent for
development of a description in relation to which a national policy
statement has effect, and
(b)
the Secretary of State thinks that, as a result of a change in
circumstances since the national policy statement was first published or
25
(if later) last reviewed, the statement should be reviewed before the
application is decided.
(2)
The Secretary of State may direct that, until the review of the national policy
statement has been completed and the Secretary of State has complied with
section 6(2) in relation to the review, the following are suspended—
30
(a)
examination of the application by a Panel under Chapter 2 or a single
Commissioner under Chapter 3 (if not already completed), and
(b)
decision of the application by that Panel or (as the case may be) the
Council.
Chapter 7
35
Intervention by Secretary of State
102
When power to intervene arises
(1)
Section 103 applies if—
(a)
an application is made for an order granting development consent for
development of a description in relation to which a national policy
40
statement has effect,

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
52

(b)
the Commission has accepted the application and has received a
certificate under section 55(2) in relation to the application, and
(c)
the Secretary of State is satisfied that either the condition in subsection
(2) or the condition in subsection (3) is met.
(2)
The condition is that intervention by the Secretary of State would be in the
5
interests of defence or national security.
(3)
The condition is that—
(a)
since the time when the national policy statement was first published
or (if later) last reviewed, there has been a significant change in any
circumstances on the basis of which any policy set out in the statement
10
(“the relevant policy”) was decided,
(b)
the change was not anticipated at that time,
(c)
if the change had been anticipated at that time, the relevant policy
would have been materially different,
(d)
if the relevant policy was materially different, it would be likely to have
15
a material effect on the decision on the application, and
(e)
there is an urgent need in the national interest for the application to be
decided before the national policy statement is reviewed.
(4)
In deciding whether the tests in subsection (3)(d) and (e) are met, the Secretary
of State must have regard to the views of the Commission.
20
103
Power of Secretary of State to intervene
(1)
Where this section applies, the Secretary of State may direct that the
application is to be referred to the Secretary of State.
(2)
A direction under subsection (1) must be given by the end of the period of 4
weeks beginning with the day after the end of the meeting held under section
25
83(2).
(3)
Subsection (2) does not apply if the Secretary of State thinks there are
exceptional circumstances which justify a direction under subsection (1) being
given at a later time.
(4)
A direction under subsection (1) must state the Secretary of State’s reasons for
30
being satisfied that the condition in section 102(2) or (3) is met.
104
Effect of intervention by Secretary of State
(1)
This section applies if the Secretary of State gives a direction under section
103(1) in relation to an application.
(2)
The application must be referred to the Secretary of State.
35
(3)
The Commission must secure that—
(a)
an examination of the matters specified by the Secretary of State is
conducted by a Panel or a single Commissioner, and
(b)
a report is made by the Panel or Commissioner to the Secretary of State
setting out the Panel or Commissioner’s findings and conclusions on
40
those matters.
(4)
The Panel or single Commissioner must—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
53

(a)
complete the examination under subsection (3)(a) by the end of the
period specified by the Secretary of State, and
(b)
report under subsection (3)(b) by the end of the period specified by the
Secretary of State.
(5)
The Secretary of State must decide the application by the end of the period of
5
3 months beginning with the day after the day on which the Secretary of State
receives the report of the Panel or single Commissioner under subsection
(3)(b).
(6)
The Secretary of State may direct that things done in connection with the
examination of the application under Chapter 2 or 3 of this Part are to be
10
treated as done in connection with the examination under subsection (3)(a).
(7)
The following provisions of this Part apply (with any necessary modifications)
where an application for an order granting development consent is referred to
the Secretary of State under this section as they apply where an application is
not so referred—
15
(a)
in Chapter 1, sections 56(2) to (5), 57 and 58;
(b)
in Chapter 2, sections 59 (except subsection (1)(a)), 60 to 68, 69(2) to (4)
and 70 to 72;
(c)
in Chapter 3, sections 73 (except subsection (1)(a)), 74 to 77, and 78
(except subsection (2)(a));
20
(d)
in Chapter 4, sections 81 to 91 and 93 to 95.
Chapter 8
Grant or refusal
105
Grant or refusal of development consent
(1)
When it has decided an application for an order granting development
25
consent, the decision-maker must either—
(a)
make an order granting development consent, or
(b)
refuse development consent.
(2)
Development consent may be granted for development specified in the
application which is—
30
(a)
development for which development consent is required, or
(b)
associated development.
(3)
“Associated development” means development which—
(a)
is associated with the development within subsection (2)(a) (or any part
of it),
35
(b)
is not the construction or extension of one or more dwellings, and
(c)
is within subsection (4) or (5).
(4)
Development is within this subsection if it is to be carried out wholly in one or
more of the following areas—
(a)
England;
40
(b)
waters adjacent to England up to the seaward limits of the territorial
sea;

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
54

(c)
in the case of development in the field of energy, a Renewable Energy
Zone, except any part of a Renewable Energy Zone in relation to which
the Scottish Ministers have functions.
(5)
Development is within this subsection if—
(a)
it is to be carried out wholly in Wales,
5
(b)
it is the carrying out or construction of surface works, boreholes or
pipes, and
(c)
the development within subsection (2)(a) with which it is associated is
development within section 16(3).
(6)
To the extent that development consent is granted for associated development,
10
section 31 applies to the development as it applies to development for which
development consent is required.
(7)
In deciding whether development is associated development, a Panel or the
Council must have regard to any guidance issued by the Secretary of State.
106
Reasons for decision to grant or refuse development consent
15
(1)
The decision-maker must prepare a statement of its reasons for deciding to—
(a)
make an order granting development consent, or
(b)
refuse development consent.
(2)
The appropriate authority must provide a copy of the statement to each person
who is an interested party in relation to the application for the purposes of
20
Chapter 4 (see section 95).
(3)
The appropriate authority must publish the statement in such manner as the
authority thinks appropriate.
(4)
In subsections (2) and (3) “the appropriate authority” means—
(a)
the Commission where the decision-maker is a Panel or the Council;
25
(b)
the Secretary of State where the decision-maker is the Secretary of State.
107
Orders granting development consent: formalities
(1)
This section applies in relation to an order granting development consent.
(2)
If the order is made by a Panel or the Council it must be made in the name, and
under the seal, of the Commission.
30
(2)
If the order is made by the Secretary of State it must be made under the seal of
the Secretary of State.
(3)
The appropriate authority must provide a copy of the order to each person who
is an interested party in relation to the application for the purposes of Chapter
4 (see section 95).
35
(4)
The appropriate authority must publish the order in such manner as the
authority thinks appropriate.
(5)
In subsections (3) and (4) “the appropriate authority” means—
(a)
the Commission where the decision-maker is a Panel or the Council;
(b)
the Secretary of State where the decision-maker is the Secretary of State.
40