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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

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

 
 

 
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