Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
36

(a)
the Commission has accepted an application for an order granting
development consent, and
(b)
the applicant has complied with section 56 in relation to the application.
(2)
The applicant must, in such form and manner as may be prescribed, certify to
the Commission that the applicant has complied with section 56 in relation to
5
the application.
(3)
A person commits an offence if the person issues a certificate which—
(a)
purports to be a certificate under subsection (2), and
(b)
contains a statement which the person knows to be false or misleading
in a material particular.
10
(4)
A person commits an offence if the person recklessly issues a certificate
which—
(a)
purports to be a certificate under subsection (2), and
(b)
contains a statement which is false or misleading in a material
particular.
15
(5)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(6)
A magistrates’ court may try an information relating to an offence under this
section whenever laid.
(7)
Section 127 of the Magistrates’ Courts Act 1980 (c. 43) has effect subject to
20
subsection (6) of this section.
59
Notice of persons interested in land to which compulsory acquisition request
relates
(1)
This section applies where—
(a)
the Commission has accepted an application for an order granting
25
development consent, and
(b)
the application includes a request for an order granting development
consent to authorise compulsory acquisition of land or of an interest in
or right over land (a “compulsory acquisition request”).
(2)
The applicant must give to the Commission a notice specifying the names, and
30
such other information as may be prescribed, of each affected person.
(3)
Notice under subsection (2) must be given in such form and manner as may be
prescribed.
(4)
A person is an “affected person” for the purposes of this section if the applicant,
after making diligent inquiry, knows that the person is interested in the land to
35
which the compulsory acquisition request relates or any part of that land.
60
Local impact reports
(1)
Subsection (2) applies where the Commission—
(a)
has accepted an application for an order granting development
consent, and
40
(b)
has received—
(i)
a certificate under section 58(2) in relation to the application,
and

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
37

(ii)
where section 59 applies, a notice under that section in relation
to the application.
(2)
The Commission must give notice in writing to each of the following, inviting
them to submit a local impact report to it—
(a)
each authority which, in relation to the application, is a relevant local
5
authority within the meaning given by section 102(5), and
(b)
the Greater London Authority if the land to which the application
relates, or any part of it, is in Greater London.
(3)
A “local impact report” is a report in writing giving details of the likely impact
of the proposed development on the authority’s area (or any part of that area).
10
(4)
“The proposed development” is the development for which the application
seeks development consent.
(5)
A notice under subsection (2) must specify the deadline for receipt by the
Commission of the local impact report.
(6)
The deadline is the deadline for completion of the examination of the
15
application by a Panel or a single Commissioner (see section 98).
61
Initial choice of Panel or single Commissioner
(1)
Subsection (2) applies where the Commission—
(a)
has accepted an application for an order granting development
consent, and
20
(b)
has received—
(i)
a certificate under section 58(2) in relation to the application,
and
(ii)
where section 59 applies, a notice under that section in relation
to the application.
25
(2)
The person appointed to chair the Commission must decide whether the
application—
(a)
is to be handled by a Panel under Chapter 2, or
(b)
is to be handled by a single Commissioner under Chapter 3.
(3)
A person making a decision under subsection (2) must have regard to any
30
guidance issued by the Secretary of State as to which applications to the
Commission for orders granting development consent are to be handled by a
Panel under Chapter 2 and which by a single Commissioner under Chapter 3.
(4)
Before making a decision under subsection (2), the person making the decision
must consult—
35
(a)
the other Commissioners who, for the purpose of responding to
consultation about the decision, are members of the Council,
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.
40
(5)
In making a decision under subsection (2), the person making the decision
must have regard to any views expressed—
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 1 — Handling of application by Commission
38


as to whether the application concerned should be handled by a Panel under
Chapter 2 or by a single Commissioner under Chapter 3.
62
Switching from single Commissioner to Panel
(1)
Subsection (2) applies where an application for an order granting development
consent is being handled by a single Commissioner under Chapter 3.
5
(2)
The person appointed to chair the Commission may decide that the application
should instead be handled by a Panel under Chapter 2.
(3)
A person making a decision under subsection (2) must have regard to any
guidance issued by the Secretary of State as to which applications are to be
handled by a Panel under Chapter 2 and which by a single Commissioner
10
under Chapter 3.
(4)
Before making a decision under subsection (2), the person making the decision
must consult—
(a)
the other Commissioners who, for the purpose of responding to
consultation about the decision, are members of the Council,
15
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.
(5)
In making a decision under subsection (2), the person making the decision
must have regard to any views expressed—
20
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under
Chapter 2 instead of by a single Commissioner under Chapter 3.
63
Delegation of functions by person appointed to chair Commission
25
(1)
Subsections (2) and (3) apply to any function conferred or imposed by this Part
on the person appointed to chair the Commission (“the chair”).
(2)
The chair may delegate the function to a person appointed as a deputy to the
chair (a “deputy”), subject to subsections (5) to (10).
(3)
If at any time there is (apart from this subsection) no-one who is able and
30
available to carry out the function, each deputy may carry out the function.
(4)
A function delegated under subsection (2) may be delegated to such extent and
on such terms as the chair determines.
(5)
Where the chair is a member of a Panel under Chapter 2, the chair’s function
under section 66(5)(a) in relation to the chair’s membership of the Panel is not
35
exercisable by the chair but is exercisable by each deputy.
(6)
Where the chair is the lead member of a Panel under Chapter 2, the chair’s
function under section 66(5)(b) in relation to the chair’s holding of the office of
lead member of that Panel is not exercisable by the chair but is exercisable by
each deputy.
40
(7)
Where the chair is the single Commissioner appointed to handle an application
under Chapter 3, the chair’s function under section 80(3) in relation to the

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
39

chair’s holding of the office of single Commissioner in relation to that
application is not exercisable by the chair but is exercisable by each deputy.
(8)
Where a deputy is a member of a Panel under Chapter 2, the chair’s function
under section 66(5)(a) in relation to that deputy’s membership of the Panel may
not be delegated under subsection (2) to that deputy.
5
(9)
Where a deputy is the lead member of a Panel under Chapter 2, the chair’s
function under section 66(5)(b) in relation to that deputy’s holding of the office
of lead member of that Panel may not be delegated under subsection (2) to that
deputy.
(10)
Where a deputy is the single Commissioner appointed to handle an application
10
under Chapter 3, the chair’s function under section 80(3) in relation to that
deputy’s holding of the office of single Commissioner in relation to that
application may not be delegated under subsection (2) to that deputy.
Chapter 2
The Panel procedure
15
Panels
64
Panel for each application to be handled under this Chapter
(1)
This Chapter applies where—
(a)
the Commission accepts an application for an order granting
development consent, and
20
(b)
under section 61(2) or 62(2), it is decided that the application is to be
handled by a Panel under this Chapter.
(2)
There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the
application.
65
Appointment of members, and lead member, of Panel
25
(1)
The person appointed to chair the Commission must appoint—
(a)
three or more Commissioners to be members of the Panel, and
(b)
one of those Commissioners to chair the Panel.
(2)
In this Chapter “the lead member” means the person who for the time being is
appointed to chair the Panel.
30
(3)
A person may under subsection (1) make a self-appointment.
(4)
Before making an appointment under subsection (1), the person making the
appointment must consult—
(a)
the other Commissioners who, for the purpose of responding to
consultation about the appointment, are members of the Council,
35
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.
(5)
In making an appointment under subsection (1), the person making the
appointment must have regard to any views expressed—
40

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
40

(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

about how many or which Commissioners should be appointed to the Panel.
66
Ceasing to be member, or lead member, of Panel
(1)
A person ceases to be a member of the Panel if the person ceases to be a
5
Commissioner, but this is subject to section 67.
(2)
The person appointed to be the lead member ceases to hold that office if the
person ceases to be a member of the Panel.
(3)
A person may resign from membership of the Panel by giving notice in writing
to the Commission.
10
(4)
The lead member may resign that office, without also resigning from
membership of the Panel, by giving notice in writing to the Commission.
(5)
The person appointed to chair the Commission (“the chair”)—
(a)
may remove a person (“the Panel member”) from membership of the
Panel if the chair is satisfied that the Panel member is unable, unwilling
15
or unfit to perform the duties of Panel membership;
(b)
may remove the lead member from that office, without also removing
the lead member from membership of the Panel, if the chair is satisfied
that the lead member is unable, unwilling or unfit to perform the duties
of the office.
20
67
Panel member continuing though ceasing to be Commissioner
(1)
This section applies if—
(a)
a person (“the ex-Commissioner”) ceases to hold office as a
Commissioner (other than by being removed from office under
paragraph 4(2) of Schedule 1),
25
(b)
immediately before ceasing to hold office, the ex-Commissioner is—
(i)
a member of the Panel, or
(ii)
a member of the Panel and the lead member,
(c)
the Panel is still handling the application at the time the ex-
Commissioner ceases to hold office, and
30
(d)
before ceasing to hold office, the ex-Commissioner elects to continue
acting as a Commissioner in relation to the application.
(2)
For the purpose of the application, the ex-Commissioner is to be treated as
continuing to hold office until—
(a)
the Panel has decided, or (as the case may be) reported to the Secretary
35
of State on, the application, or
(b)
(if earlier) the ex-Commissioner ceases to be a member of the Panel.
(3)
For the purpose of any proceedings arising out of the application, the ex-
Commissioner is to be treated as having continued to hold office until—
(a)
the Panel had decided, or (as the case may be) reported to the Secretary
40
of State on, the application, or
(b)
(if earlier) the ex-Commissioner ceased to be a member of the Panel.
(4)
An election under subsection (1)(d) is effective only if made in writing to each
of the following—

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
41

(a)
the chief executive of the Commission;
(b)
the person appointed to chair the Commission, where the ex-
Commissioner is not the person appointed to chair the Commission;
(c)
the lead member of the Panel, where the ex-Commissioner is not the
lead member of the Panel.
5
68
Additional appointments to Panel
(1)
Subsections (2) and (3) apply at any time after the initial members of the Panel
have been appointed under section 65(1)(a).
(2)
The person appointed to chair the Commission may appoint a Commissioner
to be a member of the Panel.
10
(3)
If at any time the Panel has only two members or a single member, it is the duty
of the person appointed to chair the Commission to ensure that the power
under subsection (2) is exercised so as to secure that the Panel again has at least
three members.
(4)
A person appointed under subsection (2) becomes a member of the Panel in
15
addition to any person who is otherwise a member of the Panel.
(5)
A person may under subsection (2) make a self-appointment.
69
Replacement of lead member of Panel
(1)
Subsection (2) applies where a person ceases to hold the office of lead member.
(2)
The person appointed to chair the Commission must appoint a member of the
20
Panel to chair the Panel.
(3)
A person may be appointed under subsection (2) even though that person was
not a member of the Panel when the vacancy arose.
(4)
A person may under subsection (2) make a self-appointment.
70
Membership of Panel where application relates to land in Wales
25
(1)
This section applies where the application relates to land in Wales (even if it
also relates to land not in Wales).
(2)
A person exercising power under section 65(1)(a) or 68(2) must do so with a
view to securing that, if reasonably practicable, at least one of the members of
the Panel is—
30
(a)
a Commissioner who was nominated for appointment as a
Commissioner by the Welsh Ministers, or
(b)
a Commissioner who is within subsection (3).
(3)
A Commissioner is within this subsection if, when appointed to be a member
of the Panel, the Commissioner is one notified to the Commission by the Welsh
35
Ministers as being a Commissioner who should be treated for the purposes of
this section as being a Commissioner within subsection (2)(a).
71
Supplementary provision where Panel replaces single Commissioner
(1)
Subsections (2) and (3) apply where this Chapter applies as the result of a
decision under section 62(2).
40

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
42

(2)
A Commissioner who has handled the application under Chapter 3—
(a)
may be appointed under section 65(1)(a) or 68(2) as a member of the
Panel, and
(b)
if a member of the Panel, may be appointed under section 65(1)(b) or
69(2) to chair the Panel.
5
(3)
The Panel may, so far as it thinks appropriate, decide to treat things done by or
in relation to a Commissioner in proceedings under Chapter 3 on the
application as done by or in relation to the Panel.
(4)
Where the Panel makes a decision under subsection (3), the lead member is
under a duty to ensure that the membership of the Panel has the necessary
10
knowledge of the proceedings under Chapter 3 on the application.
72
Panel ceasing to have any members
(1)
If the Panel ceases to have any members, a new Panel must be constituted
under section 65(1).
(2)
At times after the new Panel has been constituted (but subject to the further
15
application of this subsection in the event that the new Panel ceases to have any
members), references in this Chapter to the Panel are to be read as references
to the new Panel.
(3)
The new Panel may, so far as it thinks appropriate, decide to treat things—
(a)
done by or in relation to a previous Panel appointed to handle the
20
application, or
(b)
treated under section 71(3) as done by or in relation to a previous Panel
appointed to handle the application,

as done by or in relation to the new Panel.
(4)
Where the Panel makes a decision under subsection (3), the lead member is
25
under a duty to ensure that the membership of the Panel has the necessary
knowledge of the proceedings on the application up until the reconstitution of
the Panel.
(5)
The power under section 68(2) is not exercisable at times when the Panel has
no members.
30
73
Consequences of changes in Panel
(1)
The Panel’s continuing identity is to be taken not to be affected by—
(a)
any change in the membership of the Panel;
(b)
the Panel’s coming to have only two members or a single member;
(c)
any change in the lead member;
35
(d)
a vacancy in that office.
(2)
When there is a change in the membership of the Panel, the lead member is
under a duty to ensure that the membership of the Panel after the change has
the necessary knowledge of the proceedings on the application up until the
change.
40
(3)
Subsection (2) does not apply where the change occurs as a result of the Panel
being reconstituted as required by section 72(1).