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95 | Interpretation of Chapter 4: “interested party” and other expressions |
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(1) | For the purposes of this Chapter, a person is an “interested party” if— |
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(a) | the person is the applicant, |
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(b) | the person is a statutory party, |
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(c) | the person is a relevant local authority, |
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(d) | the person is the Greater London Authority and the land is in Greater |
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(e) | the person has made a relevant representation. |
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(2) | In this Chapter “representation” includes evidence, and references to the |
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making of a representation include the giving of evidence. |
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(3) | In subsection (1) “statutory party” means a person specified in, or of a |
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description specified in, regulations made by the Secretary of State. |
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(4) | A representation is a relevant representation for the purposes of subsection (1) |
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(a) | it is a representation about the application, |
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(b) | it is made to the Commission in the prescribed form and manner, |
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(c) | it is received by the Commission no later than the deadline that applies |
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under section 53 to the person making it, |
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(d) | it contains material of a prescribed description, and |
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(i) | material about compensation for compulsory acquisition of |
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(ii) | material about the merits of policy set out in a national policy |
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(iii) | material that is vexatious or frivolous. |
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(5) | In subsection (1) “relevant local authority” means a local authority within |
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(6) | A local authority is within this subsection if the land is in the authority’s area. |
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(7) | A local authority (“A”) is within this subsection if— |
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(a) | the land is in the area of another local authority (“B”), and |
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(b) | any part of the boundary of A’s area is also a part of the boundary of |
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(8) | In subsections (5) to (7) “local authority” means— |
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(a) | a county council, or district council, in England, |
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(b) | a London borough council, |
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(c) | the Common Council of the City of London, |
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(d) | the Council of the Isles of Scilly, |
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(e) | a county council, or county borough council, in Wales, or |
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(f) | a council constituted under section 2 of the Local Government etc. |
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(Scotland) Act 1994 (c. 39). |
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(9) | In this section “the land” means the land to which the application relates or any |
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|
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Decisions on applications |
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96 | Cases where Secretary of State is, and meaning of, decision-maker |
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(1) | The Secretary of State has the function of deciding an application for an order |
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granting development consent where— |
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(a) | in a case within section 69(2), the Secretary of State receives the Panel’s |
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report on the application, or |
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(b) | in a case within section 78(2)(b), the Secretary of State receives the |
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single Commissioner’s report on the application. |
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(2) | In this Act “decision-maker” in relation to an application for an order granting |
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(a) | means the Panel that has the function of deciding the application, or |
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(b) | where the Council or the Secretary of State has the function of deciding |
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the application, means the Council or (as the case may be) the Secretary |
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97 | Decisions of Panel and Council |
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(1) | This section applies in relation to an application for an order granting |
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development consent if the decision-maker is a Panel or the Council. |
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(2) | In deciding the application the Panel or Council must have regard to— |
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(a) | any national policy statement which has effect in relation to |
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development of the description to which the application relates (a |
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“relevant national policy statement”), |
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(b) | any matters prescribed in relation to development of that description, |
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(c) | any other matters which the Panel or Council thinks are both important |
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and relevant to its decision. |
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(3) | The Panel or Council must decide the application in accordance with any |
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relevant national policy statement, except to the extent that one or more of the |
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following subsections applies. |
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(4) | This subsection applies if the Panel or Council is satisfied that deciding the |
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application in accordance with any relevant national policy statement would |
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lead to the United Kingdom being in breach of any of its international |
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(5) | This subsection applies if the Panel or Council is satisfied that deciding the |
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application in accordance with any relevant national policy statement would |
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lead to the Panel or Council, or the Commission, being in breach of any duty |
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imposed on it by or under any enactment. |
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(6) | This subsection applies if the Panel or Council is satisfied that deciding the |
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application in accordance with any relevant national policy statement would |
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be unlawful by virtue of any enactment. |
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(7) | This subsection applies if the Panel or Council is satisfied that the adverse |
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impact of the proposed development would outweigh its benefits. |
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|
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(8) | This subsection applies if the Panel or Council is satisfied that any condition |
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prescribed for deciding an application otherwise than in accordance with a |
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national policy statement is met. |
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98 | Decisions of Secretary of State |
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(1) | This section applies in relation to an application for an order granting |
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development consent if the decision-maker is the Secretary of State. |
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(2) | In deciding the application the Secretary of State must have regard to— |
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(a) | any matters prescribed in relation to development of the description to |
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which the application relates, and |
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(b) | any other matters which the Secretary of State thinks are both |
| 10 |
important and relevant to the Secretary of State’s decision. |
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99 | Matters that may be disregarded when deciding application |
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(1) | In deciding an application for an order granting development consent, the |
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decision-maker may disregard representations if the decision-maker considers |
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that the representations— |
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(a) | are vexatious or frivolous, |
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(b) | relate to the merits of policy set out in a national policy statement, or |
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(c) | relate to compensation for compulsory acquisition of land. |
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(2) | In this section “representation” includes evidence. |
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100 | Timetable for decisions |
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(1) | The decision-maker is under a duty to decide an application for an order |
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granting development consent by the end of the period of 3 months beginning |
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with the day after the start day. |
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(a) | in a case where a Panel is the decision-maker, the deadline for the |
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completion of its examination of the application under section 92; |
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(b) | in a case where the Council is the decision-maker, the deadline for the |
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completion of the single Commissioner’s examination of the |
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application under section 92; |
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(c) | in a case where the Secretary of State is the decision-maker, the day on |
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which the Secretary of State receives a report on the application under |
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section 69(2)(b) or 78(2)(b). |
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(3) | The appropriate authority may set a date for the deadline under subsection (1) |
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that is later than the date for the time being set. |
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(4) | The appropriate authority is— |
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(a) | in a case where a Panel or the Council is the decision-maker, the person |
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appointed to chair the Commission; |
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(b) | in a case where the Secretary of State is the decision-maker, the |
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(5) | The power under subsection (3) may be exercised— |
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(a) | more than once in relation to the same deadline; |
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(b) | after the date for the time being set for the deadline. |
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(6) | Where the power under subsection (3) is exercised other than by the Secretary |
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(a) | the person exercising the power must notify the Secretary of State of |
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what has been done and of the reasons for doing it, and |
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(b) | the Commission’s report under paragraph 16 of Schedule 1 for the |
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financial year in which the power is exercised must mention and |
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explain what has been done. |
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(7) | Where the power under subsection (3) is exercised by the Secretary of State, the |
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(a) | notify each interested party of what has been done and of the reasons |
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(b) | lay before Parliament a report explaining what has been done. |
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(8) | A report under subsection (7)(b) must be published in such form and manner |
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as the Secretary of State thinks appropriate. |
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(9) | “Interested party” means a person who is an interested party in relation to the |
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application for the purposes of Chapter 4 (see section 95). |
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Suspension of decision-making process |
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101 | Suspension during review of national policy statement |
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(1) | This section applies where— |
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(a) | an application is made for an order granting development consent for |
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development of a description in relation to which a national policy |
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statement has effect, and |
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(b) | the Secretary of State thinks that, as a result of a change in |
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circumstances since the national policy statement was first published or |
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(if later) last reviewed, the statement should be reviewed before the |
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(2) | The Secretary of State may direct that, until the review of the national policy |
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statement has been completed and the Secretary of State has complied with |
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section 6(2) in relation to the review, the following are suspended— |
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(a) | examination of the application by a Panel under Chapter 2 or a single |
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Commissioner under Chapter 3 (if not already completed), and |
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(b) | decision of the application by that Panel or (as the case may be) the |
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Intervention by Secretary of State |
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102 | When power to intervene arises |
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(1) | Section 103 applies if— |
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(a) | an application is made for an order granting development consent for |
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development of a description in relation to which a national policy |
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|
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|
(b) | the Commission has accepted the application and has received a |
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certificate under section 55(2) in relation to the application, and |
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(c) | the Secretary of State is satisfied that either the condition in subsection |
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(2) or the condition in subsection (3) is met. |
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(2) | The condition is that intervention by the Secretary of State would be in the |
| 5 |
interests of defence or national security. |
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(3) | The condition is that— |
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(a) | since the time when the national policy statement was first published |
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or (if later) last reviewed, there has been a significant change in any |
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circumstances on the basis of which any policy set out in the statement |
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(“the relevant policy”) was decided, |
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(b) | the change was not anticipated at that time, |
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(c) | if the change had been anticipated at that time, the relevant policy |
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would have been materially different, |
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(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 |
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(e) | there is an urgent need in the national interest for the application to be |
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decided before the national policy statement is reviewed. |
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(4) | In deciding whether the tests in subsection (3)(d) and (e) are met, the Secretary |
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of State must have regard to the views of the Commission. |
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103 | Power of Secretary of State to intervene |
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(1) | Where this section applies, the Secretary of State may direct that the |
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application is to be referred to the Secretary of State. |
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(2) | A direction under subsection (1) must be given by the end of the period of 4 |
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weeks beginning with the day after the end of the meeting held under section |
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(3) | Subsection (2) does not apply if the Secretary of State thinks there are |
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exceptional circumstances which justify a direction under subsection (1) being |
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(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. |
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104 | Effect of intervention by Secretary of State |
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(1) | This section applies if the Secretary of State gives a direction under section |
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103(1) in relation to an application. |
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(2) | The application must be referred to the Secretary of State. |
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(3) | The Commission must secure that— |
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(a) | an examination of the matters specified by the Secretary of State is |
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conducted by a Panel or a single Commissioner, and |
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(b) | a report is made by the Panel or Commissioner to the Secretary of State |
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setting out the Panel or Commissioner’s findings and conclusions on |
| 40 |
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(4) | The Panel or single Commissioner must— |
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|
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|
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(a) | complete the examination under subsection (3)(a) by the end of the |
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period specified by the Secretary of State, and |
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(b) | report under subsection (3)(b) by the end of the period specified by the |
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(5) | The Secretary of State must decide the application by the end of the period of |
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3 months beginning with the day after the day on which the Secretary of State |
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receives the report of the Panel or single Commissioner under subsection |
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(6) | The Secretary of State may direct that things done in connection with the |
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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). |
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(7) | The following provisions of this Part apply (with any necessary modifications) |
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where an application for an order granting development consent is referred to |
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the Secretary of State under this section as they apply where an application is |
| |
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(a) | in Chapter 1, sections 56(2) to (5), 57 and 58; |
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(b) | in Chapter 2, sections 59 (except subsection (1)(a)), 60 to 68, 69(2) to (4) |
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(c) | in Chapter 3, sections 73 (except subsection (1)(a)), 74 to 77, and 78 |
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(except subsection (2)(a)); |
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(d) | in Chapter 4, sections 81 to 91 and 93 to 95. |
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105 | Grant or refusal of development consent |
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(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. |
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(2) | Development consent may be granted for development specified in the |
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| 30 |
(a) | development for which development consent is required, or |
| |
(b) | associated development. |
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(3) | “Associated development” means development which— |
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(a) | is associated with the development within subsection (2)(a) (or any part |
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| 35 |
(b) | is not the construction or extension of one or more dwellings, and |
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(c) | is within subsection (4) or (5). |
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(4) | Development is within this subsection if it is to be carried out wholly in one or |
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more of the following areas— |
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| 40 |
(b) | waters adjacent to England up to the seaward limits of the territorial |
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|
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(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. |
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(5) | Development is within this subsection if— |
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(a) | it is to be carried out wholly in Wales, |
| 5 |
(b) | it is the carrying out or construction of surface works, boreholes or |
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(c) | the development within subsection (2)(a) with which it is associated is |
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development within section 16(3). |
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(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 |
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development consent is required. |
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(7) | In deciding whether development is associated development, a Panel or the |
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Council must have regard to any guidance issued by the Secretary of State. |
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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— |
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(a) | make an order granting development consent, or |
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(b) | refuse development consent. |
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(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. |
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(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. |
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107 | Orders granting development consent: formalities |
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(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 |
| |
| |
(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 |
| |
| 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 |
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