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| Page 121, line 31 [Clause 198], leave out ‘section 165’ and insert ‘sections 165, |
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| 166, [Power to make provision in relation to Wales] and [Wales: transitional provision in |
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| relation to blighted land]’. |
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| Page 122, line 5 [Clause 199], at end insert— |
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| | ‘(za) | the provisions of Parts 1 to 8 which— |
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| | (i) | confer power to make orders (other than orders granting |
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| | development consent), regulations or rules, or |
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| | (ii) | make provision about what is (or is not) permitted to be done, or |
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| | what is required to be done, in the exercise of any such power;’. |
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| Page 122, line 7 [Clause 199], at end insert— |
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| | ‘(1A) | Nothing in subsection (1)(za) affects the operation of section 13 of the |
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| | Interpretation Act 1978 in relation to this Act.’. |
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| |
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| Page 122, line 13 [Clause 199], leave out from ‘153’ to the end and insert ‘[Power |
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| to decline to determine applications: amendments], 160, 163(1) and (3), 164, 165, 169 to |
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| | (aa) | paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule [Power |
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| | to decline to determine applications: amendments]; |
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| | (ab) | Schedules 3 and 6;’. |
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| Page 122, line 21 [Clause 199], at end insert— |
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| | ‘(4A) | Section [Wales: transitional provision in relation to blighted land] comes into |
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| | force in accordance with subsection (5) of that section.’. |
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| |
| | |
| Page 122, line 22 [Clause 199], leave out ‘Section 173 comes’ and insert ‘Sections |
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| 166(2) to (5), 173, [Power to make provision in relation to Wales] and [Community |
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| Infrastructure Levy: repeals] (together with related entries in Schedule 7), and paragraph |
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| 7 of Schedule [Power to decline to determine applications: amendments], come’. |
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| To move the following Schedule:— |
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| | ‘Examination of applications by Secretary of State |
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| | Examination of matters by Commission: procedure |
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| | 1 (1) | This paragraph applies if— |
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| | (a) | the Secretary of State gives a direction under section 103(1) in relation |
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| | |
| | (b) | for the purpose of the examination of the application under section |
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| | [Effect of intervention](2)(a), the Secretary of State gives a direction |
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| | under section [Effect of intervention](3)(a) for specified matters to be |
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| | examined by the Commission. |
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| | (2) | The Commission must secure that— |
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| | (a) | an examination of the specified matters is conducted by a Panel or a |
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| | |
| | (b) | a report is made by the Panel or Commissioner to the Secretary of |
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| | State setting out the Panel or Commissioner’s findings and |
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| | conclusions on those matters. |
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| | (3) | The Panel or single Commissioner must— |
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| | (a) | complete the examination under sub-paragraph (2)(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 sub-paragraph (2)(b) by the end of the period specified by |
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| | |
| | (4) | 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 Part 6 are to be treated |
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| | as done in connection with the examination under sub-paragraph (2)(a). |
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| | (5) | The following provisions of Part 6 apply in relation to the specified matters as |
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| | if for references to an application for an order granting development consent |
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| | there were substituted references to the specified matters — |
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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 |
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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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| | (6) | As applied by sub-paragraph (5), those provisions apply— |
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| | (a) | with any necessary modifications, and |
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| | (b) | with such other modifications as may be prescribed. |
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| | Examination of matters by Secretary of State: procedure |
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| | 2 (1) | This paragraph applies if— |
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| | (a) | the Secretary of State gives a direction under section 103(1) in relation |
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| | |
| | (b) | for the purpose of the examination of the application under section |
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| | [Effect of intervention](2)(a), the Secretary of State is to conduct an |
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| | examination of any matters under section [Effect of |
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| | |
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| |
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| | (2) | It is for the Secretary of State to decide how to conduct the examination under |
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| | section [Effect of intervention](3)(b). |
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| | (3) | The Secretary of State may in particular decide that all or part of the |
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| | examination is to take the form of— |
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| | (a) | consideration of written representations; |
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| | (b) | consideration of oral representations at a hearing. |
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| | (4) | The Secretary of State may treat things done in connection with the |
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| | examination of the application under Chapter 2 or 3 of Part 6 as done in |
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| | connection with the examination under section [Effect of intervention](3)(b). |
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| | (5) | Sub-paragraph (6) applies if— |
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| | (a) | the direction under section 103(1) is given by virtue of section |
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| | [Intervention: defence and national security], |
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| | (b) | the Secretary of State has decided that all or part of the examination is |
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| | to take the form of consideration of oral representations at a hearing, |
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| | |
| | (c) | the Secretary of State is satisfied that— |
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| | (i) | the making of particular representations at the hearing would |
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| | be likely to result in the disclosure of information as to |
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| | defence or national security, and |
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| | (ii) | the public disclosure of that information would be contrary to |
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| | |
| | (6) | The Secretary of State may direct that representations of a specified |
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| | description may be made only to persons of a specified description (instead of |
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| | (7) | “Specified” means specified in the direction. |
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| | (8) | The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject |
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| | (a) | sub-paragraphs (5) to (7), and |
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| | (b) | any rules made under paragraph 3. |
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| | (9) | In this paragraph “representation” includes evidence. |
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| | 3 (1) | The Lord Chancellor or (if sub-paragraph (2) applies) the Secretary of State, |
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| | after consultation with the Administrative Justice and Tribunals Council, may |
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| | make rules regulating the procedure to be followed in connection with the |
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| | Secretary of State’s examination of an application under section [Effect of |
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| | |
| | (2) | This sub-paragraph applies if the development to which the application relates |
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| | (or part of the development) is the construction of an oil or gas cross-country |
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| | (a) | one end of which is in England or Wales, and |
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| | (b) | the other end of which is in Scotland. |
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| | (3) | Rules under sub-paragraph (1) may make provision for or in connection with |
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| | authorising the Secretary of State, alone or with others, to enter onto land, |
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| | including land owned or occupied otherwise than by the applicant, for the |
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| | purpose of inspecting the land as part of the Secretary of State’s examination. |
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| | (4) | Rules under sub-paragraph (1) may regulate procedure in connection with |
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| | matters preparatory to the Secretary of State’s examination, and in connection |
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| | with matters subsequent to the examination, as well as in connection with the |
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| | conduct of the examination. |
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| | (5) | Power under this paragraph to make rules includes power to make different |
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| | provision for different purposes. |
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| | (6) | Power under this paragraph to make rules is exercisable by statutory |
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| | (7) | A statutory instrument containing rules under this paragraph is subject to |
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| | annulment pursuant to a resolution of either House of Parliament. |
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| | Appointed representatives |
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| | 4 (1) | Sub-paragraph (2) applies if the Secretary of State gives a direction under |
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| | paragraph 2(6) for representations of a specified description to be made only |
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| | to persons of a specified description (instead of being made in public). |
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| | (2) | The Attorney General or (where the representations are to be made in |
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| | Scotland) the Advocate General for Scotland may appoint a person (an |
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| | “appointed representative”) to represent the interests of an interested party |
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| | who (by virtue of the direction) is prevented from being present when the |
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| | representations are made. |
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| | (3) | “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 of Part 6 (see section 95). |
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| | (4) | Rules under paragraph 3 may make provision as to the functions of an |
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| | appointed representative. |
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| | (5) | The Secretary of State may direct a person (a “responsible person”) to pay the |
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| | fees and expenses of an appointed representative, if the Secretary of State |
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| | thinks that the responsible person is interested in the hearing in relation to any |
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| | representations that are the subject of the direction under paragraph 2(6). |
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| | (6) | If the Secretary of State gives a direction under sub-paragraph (5) and the |
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| | appointed representative and the responsible person are unable to agree the |
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| | amount of the fees and expenses, the amount must be determined by the |
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| | |
| | (7) | The Secretary of State must cause the amount agreed between the appointed |
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| | representative and the responsible person, or determined by the Secretary of |
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| | (8) | An amount so certified is recoverable from the responsible person as a civil |
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| To move the following Schedule:— |
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| | ‘Correction of errors in development consent decisions |
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| | 1 (1) | This paragraph applies if— |
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| | (a) | the decision-maker makes an order granting development consent, or |
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| | refuses development consent, and |
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| | (b) | the decision document contains a correctable error. |
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| | (2) | The decision document is— |
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| | (a) | in the case of an order granting development consent, the order; |
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| | (b) | in the case of a refusal of development consent, the document |
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| | |
| | (3) | A correctable error is an error or omission which— |
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| |
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| | (a) | is in a part of the decision document which records the decision, and |
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| | (b) | is not part of the statement of reasons for the decision. |
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| | (4) | The appropriate authority may correct the error or omission if (but only if), the |
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| | conditions in sub-paragraphs (5) and (7) are met. |
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| | | This is subject to sub-paragraph (8). |
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| | (5) | The condition is that, before the end of the relevant period— |
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| | (a) | the appropriate authority receives a written request to correct the error |
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| | or omission from any person, or |
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| | (b) | the appropriate authority sends a statement in writing to the applicant |
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| | which explains the error or omission and states that the appropriate |
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| | authority is considering making the correction. |
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| | (6) | The relevant period is— |
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| | (a) | if the decision document is an order granting development consent, the |
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| | period specified in section 108(1)(b); |
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| | (b) | if the decision document is the document recording a refusal of |
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| | development consent, the period specified in section 108(2)(b). |
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| | (7) | The condition is that the appropriate authority informs each relevant local |
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| | planning authority that the request mentioned in sub-paragraph (5)(a) has been |
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| | received or the statement mentioned in sub-paragraph (5)(b) has been sent (as |
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| | |
| | (8) | The power conferred by sub-paragraph (4) may not be exercised in relation to |
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| | provision included in an order granting development consent by virtue of any |
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| | of paragraphs 27 to 30 of Schedule [Provision relating to, or to matters |
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| | ancillary to, development] (deemed consent under Coast Protection Act 1949 |
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| | and deemed licences under Food and Environment Protection Act 1985). |
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| | 2 (1) | If paragraph 1(5)(a) or (b) applies the appropriate authority must issue a notice |
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| | in writing (a “correction notice”) which— |
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| | (a) | specifies the correction of the error or omission, or |
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| | (b) | gives notice of the decision not to correct the error or omission. |
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| | (2) | The appropriate authority must issue the correction notice as soon as |
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| | practicable after making the correction or deciding not to make the correction. |
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| | (3) | The appropriate authority must give the correction notice to— |
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| | (b) | each person who was an interested party in relation to the application |
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| | for the order granting development consent for the purposes of |
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| | Chapter 4 of Part 6 (see section 95), |
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| | (c) | each relevant local planning authority, and |
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| | (d) | if the correction was requested by any other person, that person. |
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| | (4) | The Secretary of State may by order specify any other person or description of |
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| | person to whom a correction notice must be given. |
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| | 3 (1) | If a correction is made in pursuance of paragraph 1— |
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| | (a) | the original decision and the decision document containing it continue |
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| | (b) | the decision document is treated as corrected as specified in the |
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| | correction notice issued under paragraph 2 with effect from the date |
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| | the correction notice is issued. |
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| | (2) | If a correction is not made— |
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| | (a) | the original decision continues to have full force and effect, and |
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| | (b) | nothing in this Schedule affects anything done in pursuance of or in |
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| | respect of the original decision. |
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| | (3) | “The original decision” means the decision 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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| | |
| | |
| | “applicant” means the person who applied for the order granting |
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| | development consent to which the decision relates; |
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| | “appropriate authority” means— |
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| | (d) | the Commission where the decision-maker is a Panel or the |
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| | (e) | the Secretary of State where the decision-maker is the Secretary |
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| | |
| | “relevant local planning authority” means a local planning authority for all |
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| | or any part of the area in which the land to which the decision relates is |
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| To move the following Schedule:— |
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| | ‘Provision relating to, or to matters ancillary to, development |
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| | 1 | The acquisition of land, compulsorily or by agreement. |
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| | 2 | The creation, suspension or extinguishment of, or interference with, interests |
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| | in or rights over land (including rights of navigation over water), compulsorily |
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| | |
| | 3 | The abrogation or modification of agreements relating to land. |
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| | 4 | Carrying out specified excavation, mining, quarrying or boring operations in a |
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| | 5 | The operation of a generating station. |
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| | 6 | Keeping electric lines installed above ground. |
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| | 7 | The use of underground gas storage facilities. |
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| | 8 | The sale, exchange or appropriation of Green Belt land. |
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| | 9 | Freeing land from any restriction imposed on it by or under the Green Belt |
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| | (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other |
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| | agreement entered into for the purposes of that Act. |
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| | 10 | The protection of the property or interests of any person. |
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| | 11 | The imposition or exclusion of obligations or liability in respect of acts or |
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| | 12 | Carrying out surveys or taking soil samples. |
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| | 13 | Cutting down, uprooting, topping or lopping trees or shrubs or cutting back |
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| | 14 | The removal, disposal or re-siting of apparatus. |
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| | 15 | Carrying out civil engineering or other works. |
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| | 16 | The diversion of navigable or non-navigable watercourses. |
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| | 17 | The stopping up or diversion of highways. |
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| | 18 | Charging tolls, fares and other charges. |
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| | 19 | The designation of a highway as a trunk road or special road. |
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| | 20 | The specification of the classes of traffic authorised to use a highway. |
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| | 21 | The appropriation of a highway for which the person proposing to construct or |
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| | improve a highway is the highway authority. |
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| | 22 | The transfer to the person proposing to construct or improve a highway of a |
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| | highway for which that person is not the highway authority. |
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| | 23 | The specification of the highway authority for a highway. |
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| | 24 | The operation and maintenance of a transport system. |
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| | 25 | Entering into an agreement for the provision of police services. |
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| | 26 | The discharge of water into inland waters or underground strata. |
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| | 27 | Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to |
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| | have been given by the Secretary of State for operations specified in the order |
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| | and subject to such conditions as may be specified in the order. |
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| | 28 | Deeming any such conditions to have been imposed by the Secretary of State |
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| | 29 | Deeming a licence under Part 2 of the Food and Environment Protection Act |
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| | 1985 (c. 48) to have been issued by a specified licensing authority for |
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| | operations specified in the order and subject to such provisions as may be |
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| | 30 | Deeming any such provisions to have been included in the licence by the |
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| | specified licensing authority by virtue of that Act. |
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| | 31 | The creation of a harbour authority. |
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| | 32 | Changing the powers and duties of a harbour authority. |
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| | 33 | The transfer of property, rights, liabilities, or functions. |
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| | 34 | The transfer, leasing, suspension, discontinuance and revival of undertakings. |
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| | 35 | The payment of contributions. |
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| | 36 | The payment of compensation. |
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| | 37 | The submission of disputes to arbitration. |
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| | 38 | The alteration of borrowing limits. |
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| | 1 (1) | This paragraph applies for the purposes of this Schedule. |
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| | (2) | “Transport system” means any of the following— |
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| | (c) | a trolley vehicle system, |
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| | (d) | a system using a mode of guided transport prescribed by order under |
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| | section 2 of the Transport and Works Act 1992. |
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