|
| |
|
91 | Hearings about specific issues |
| |
(1) | Subsections (2) and (3) apply where the Examining authority decides that it is |
| |
necessary for the Examining authority’s examination of the application to |
| |
include the consideration of oral representations about a particular issue made |
| |
at a hearing in order to ensure— |
| 5 |
(a) | adequate examination of the issue, or |
| |
(b) | that an interested party has a fair chance to put the party’s case. |
| |
(2) | The Examining authority must cause a hearing to be held for the purpose of |
| |
receiving oral representations about the issue. |
| |
(3) | At the hearing, each interested party is entitled (subject to the Examining |
| 10 |
authority’s powers of control over the conduct of the hearing) to make oral |
| |
representations about the issue. |
| |
(4) | Where the Examining authority is a Panel acting under Chapter 2, any two or |
| |
more hearings under subsection (2) may be held concurrently. |
| |
92 | Compulsory acquisition hearings |
| 15 |
(1) | This section applies where 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 Examining authority must fix, and cause each affected person to be |
| |
informed of, the deadline by which an affected person must notify the |
| 20 |
Commission that the person wishes a compulsory acquisition hearing to be |
| |
| |
(3) | If the Commission receives notification from at least one affected person before |
| |
the deadline, the Examining authority must cause a compulsory acquisition |
| |
| 25 |
(4) | At a compulsory acquisition hearing, the following are entitled (subject to the |
| |
Examining authority’s powers of control over the conduct of the hearing) to |
| |
make oral representations about the compulsory acquisition request— |
| |
| |
(b) | each affected person. |
| 30 |
(5) | A person is an “affected person” for the purposes of this section if the person’s |
| |
name has been given to the Commission in a notice under section 59. |
| |
| |
(1) | The Examining authority must fix, and cause the interested parties to be |
| |
informed of, the deadline by which an interested party must notify the |
| 35 |
Commission of the party’s wish to be heard at an open-floor hearing. |
| |
(2) | If the Commission receives notification from at least one interested party |
| |
before the deadline, the Examining authority must cause an open-floor hearing |
| |
| |
(3) | At an open-floor hearing, each interested party is entitled (subject to the |
| 40 |
Examining authority’s powers of control over the conduct of the hearing) to |
| |
make oral representations about the application. |
| |
|
| |
|
| |
|
94 | Hearings: general provisions |
| |
(1) | The following provisions of this section apply— |
| |
(a) | to a hearing under section 91(2), |
| |
(b) | to a compulsory acquisition hearing (see section 92), and |
| |
(c) | to an open-floor hearing (see section 93). |
| 5 |
| |
(a) | must be in public, and |
| |
(b) | must be presided over by one or more of the members of the Panel or |
| |
(as the case may be) the single Commissioner. |
| |
(3) | It is for the Examining authority to decide how the hearing is to be conducted. |
| 10 |
(4) | In particular, it is for the Examining authority to decide— |
| |
(a) | whether a person making oral representations at the hearing may be |
| |
questioned at the hearing by another person and, if so, the matters to |
| |
which the questioning may relate; |
| |
(b) | the amount of time to be allowed at the hearing— |
| 15 |
(i) | for the making of a person’s representations (including |
| |
representations made in exercise of an entitlement under |
| |
section 91(3), 92(4) or 93(3)), or |
| |
(ii) | for any questioning by another person. |
| |
(5) | The Examining authority’s powers under subsections (3) and (4) are subject |
| 20 |
| |
| |
(b) | any rules made under section 97. |
| |
(6) | Although the Examining authority’s powers under subsections (3) and (4) may |
| |
be exercised for the purpose of controlling exercise of an entitlement under |
| 25 |
section 91(3), 92(4) or 93(3), those powers may not be exercised so as to deprive |
| |
the person entitled of all benefit of the entitlement. |
| |
(7) | In making decisions under subsection (4)(a), the Examining authority must |
| |
apply the principle that any oral questioning of a person making |
| |
representations at a hearing (whether the applicant or any other person) |
| 30 |
should be undertaken by the Examining authority except where the Examining |
| |
authority thinks that oral questioning by another person is necessary in order |
| |
| |
(a) | adequate testing of any representations, or |
| |
(b) | that a person has a fair chance to put the person’s case. |
| 35 |
(8) | The Examining authority may refuse to allow representations to be made at the |
| |
hearing (including representations made in exercise of an entitlement under |
| |
section 91(3), 92(4) or 93(3)) if the Examining authority considers that the |
| |
| |
(a) | are irrelevant, vexatious or frivolous, |
| 40 |
(b) | relate to the merits of policy set out in a national policy statement, |
| |
(c) | repeat other representations already made (in any form and by any |
| |
| |
(d) | relate to compensation for compulsory acquisition of land or of an |
| |
interest in or right over land. |
| 45 |
|
| |
|
| |
|
95 | Hearings: disruption, supervision and costs |
| |
(1) | Where an interested party or any other person behaves in a disruptive manner |
| |
at a hearing, the Examining authority may decide to do any one or more of the |
| |
| |
(a) | exclude the person from all, or part, of the remainder of the hearing; |
| 5 |
(b) | allow the person to continue to attend the hearing only if the person |
| |
complies with conditions specified by the Examining authority; |
| |
(c) | exclude the person from other hearings; |
| |
(d) | direct that the person is allowed to attend other hearings only if the |
| |
person complies with conditions specified by the Examining authority. |
| 10 |
(2) | In this section “hearing” means— |
| |
(a) | a preliminary meeting under section 88, |
| |
(b) | a hearing under section 91(2), |
| |
(c) | a compulsory acquisition hearing (see section 92), |
| |
(d) | an open-floor hearing (see section 93), |
| 15 |
(e) | any other meeting or hearing that the Examining authority causes to be |
| |
held for the purposes of the Examining authority’s examination of the |
| |
| |
| |
(3) | The Examining authority’s examination of the application is a statutory |
| 20 |
inquiry for the purposes of Schedule 7 to the Tribunals, Courts and |
| |
Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and |
| |
| |
(4) | Subsection (5) of section 250 of the Local Government Act 1972 (c. 70) |
| |
(provisions about costs applying where Minister causes a local inquiry to be |
| 25 |
held) applies in relation to the Examining authority’s examination of the |
| |
application as it applies in relation to an inquiry under that section, but with |
| |
references to the Minister causing the inquiry to be held being read as |
| |
references to the Examining authority. |
| |
| This is subject to subsection (5) of this section. |
| 30 |
(5) | Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act |
| |
1973 (c. 65) (provisions about expenses applying where Minister causes a local |
| |
inquiry to be held) apply in relation to the Examining authority’s examination |
| |
of the application in so far as relating to a hearing held in Scotland as they |
| |
apply in relation to an inquiry under that section, but with references to the |
| 35 |
Minister causing the inquiry to be held being read as references to the |
| |
| |
96 | Representations not made orally may be made in writing |
| |
(1) | Subsection (2) applies where— |
| |
(a) | a person asks the Examining authority to be allowed to make oral |
| 40 |
representations about the application at a hearing, |
| |
(b) | the person does not (for whatever reason) make the representations |
| |
| |
(c) | written representations from the person are received by the |
| |
Commission before the Examining authority completes the Examining |
| 45 |
authority’s examination of the application, and |
| |
|
| |
|
| |
|
(d) | the written representations state that they are ones that the person |
| |
asked to be allowed to, but did not, make orally at a hearing. |
| |
(2) | The Examining authority must consider the written representations as part of |
| |
the Examining authority’s examination of the application, subject to section |
| |
| 5 |
| |
(1) | The Lord Chancellor or (if subsection (2) applies) the Secretary of State, after |
| |
consultation with the Administrative Justice and Tribunals Council, may make |
| |
rules regulating the procedure to be followed in connection with the |
| |
Examining authority’s examination of the application. |
| 10 |
(2) | This subsection applies if the development to which the application relates (or |
| |
part of the development) is the construction (other than by a gas transporter) |
| |
of an oil or gas cross-country pipe-line— |
| |
(a) | one end of which is in England or Wales, and |
| |
(b) | the other end of which is in Scotland. |
| 15 |
(3) | Rules under subsection (1) may make provision for or in connection with |
| |
authorising the Examining authority, alone or with others, to enter onto land, |
| |
including land owned or occupied otherwise than by the applicant, for the |
| |
purpose of inspecting the land as part of the Examining authority’s |
| |
examination of the application. |
| 20 |
(4) | Rules under subsection (1) may regulate procedure in connection with matters |
| |
preparatory to the Examining authority’s examination of the application, and |
| |
in connection with matters subsequent to the examination, as well as in |
| |
connection with the conduct of the examination. |
| |
(5) | Power under this section to make rules includes power to make different |
| 25 |
provision for different purposes. |
| |
(6) | Power under this section to make rules is exercisable by statutory instrument. |
| |
(7) | A statutory instrument containing rules under this section is subject to |
| |
annulment pursuant to a resolution of either House of Parliament. |
| |
98 | Timetable for examining, and reporting on, application |
| 30 |
(1) | The Examining authority is under a duty to complete the Examining |
| |
authority’s examination of the application by the end of the period of 6 months |
| |
beginning with the day after the start day. |
| |
(2) | The start day is the day on which the meeting required by section 88 is held or, |
| |
if that meeting is held on two or more days, the later or latest of those days. |
| 35 |
(3) | In a case where the Examining authority is required to make a report to the |
| |
Secretary of State under section 74(2)(b) or 83(2)(b), the Examining authority is |
| |
under a duty to make its report by the end of the period of 3 months beginning |
| |
with the day after the deadline for completion of its examination of the |
| |
| 40 |
(4) | The person appointed to chair the Commission may set a date for a deadline |
| |
under this section that is later than the date for the time being set. |
| |
(5) | The power under subsection (4) may be exercised— |
| |
|
| |
|
| |
|
(a) | more than once in relation to the same deadline; |
| |
(b) | after the date for the time being set for the deadline. |
| |
(6) | Where the power under subsection (4) is exercised— |
| |
(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 |
| 5 |
(b) | the Commission’s report under paragraph 17 of Schedule 1 for the |
| |
financial year in which the power is exercised must mention and |
| |
explain what has been done. |
| |
99 | Completion of Examining authority’s examination of application |
| |
When the Examining authority has completed its examination of the |
| 10 |
application, it must inform each of the interested parties of that fact. |
| |
| |
(1) | The person appointed to chair the Commission (“the chair”) may, at the request |
| |
of the Examining authority, appoint a person to act as an assessor to assist the |
| |
Examining authority in the Examining authority’s examination of the |
| 15 |
| |
(2) | A person may be appointed as an assessor only if it appears to the chair that |
| |
the person has expertise that makes the person a suitable person to provide |
| |
assistance to the Examining authority. |
| |
101 | Legal advice and assistance |
| 20 |
(1) | The person appointed to chair the Commission may, at the request of the |
| |
Examining authority, appoint a barrister, solicitor or advocate to provide legal |
| |
advice and assistance to the Examining authority in connection with its |
| |
examination of the application. |
| |
(2) | The assistance that may be given by a person appointed under subsection (1) |
| 25 |
includes carrying out on behalf of the Examining authority any oral |
| |
questioning of a person making representations at a hearing. |
| |
102 | 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, |
| 30 |
(b) | the person is a statutory party, |
| |
(c) | the person is a relevant local authority, |
| |
(d) | the person is the Greater London Authority and the land is in Greater |
| |
| |
(e) | the person has made a relevant representation. |
| 35 |
(2) | In this Chapter “representation” includes evidence, and references to the |
| |
making of a representation include the giving of evidence. |
| |
(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) |
| 40 |
| |
|
| |
|
| |
|
(a) | it is a representation about the application, |
| |
(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 56 to the person making it, |
| |
(d) | it contains material of a prescribed description, and |
| 5 |
| |
(i) | material about compensation for compulsory acquisition of |
| |
land or of an interest in or right over land, |
| |
(ii) | material about the merits of policy set out in a national policy |
| |
| 10 |
(iii) | material that is vexatious or frivolous. |
| |
(5) | In subsection (1) “relevant local authority” means a local authority within |
| |
| |
(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— |
| 15 |
(a) | the land is in the area of another local authority (“B”), and |
| |
(b) | any part of the boundary of A’s area is also a part of the boundary of |
| |
| |
(8) | In subsections (5) to (7) “local authority” means— |
| |
(a) | a county council, or district council, in England; |
| 20 |
(b) | a London borough council; |
| |
(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; |
| |
(f) | a council constituted under section 2 of the Local Government etc. |
| 25 |
(Scotland) Act 1994 (c. 39); |
| |
(g) | a National Park authority; |
| |
(h) | the Broads authority. |
| |
(9) | In this section “the land” means the land to which the application relates or any |
| |
| 30 |
| |
Decisions on applications |
| |
103 | 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— |
| 35 |
(a) | in a case within section 74(2), the Secretary of State receives the Panel’s |
| |
report on the application, or |
| |
(b) | in a case within section 83(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 |
| 40 |
| |
(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 |
| |
| |
104 | Decisions of Panel and Council |
| |
(1) | This section applies in relation to an application for an order granting |
| 5 |
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 |
| |
development of the description to which the application relates (a |
| |
“relevant national policy statement”), |
| 10 |
(b) | any local impact report (within the meaning given by section 60(3)) |
| |
submitted to the Commission before the deadline specified in a notice |
| |
| |
(c) | any matters prescribed in relation to development of the description to |
| |
which the application relates, and |
| 15 |
(d) | any other matters which the Panel or Council thinks are both important |
| |
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. |
| 20 |
(4) | This subsection applies if the Panel or Council is satisfied that deciding the |
| |
application in accordance with any relevant national policy statement would |
| |
lead to the United Kingdom being in breach of any of its international |
| |
| |
(5) | This subsection applies if the Panel or Council is satisfied that deciding the |
| 25 |
application in accordance with any relevant national policy statement would |
| |
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 |
| 30 |
be unlawful by virtue of any enactment. |
| |
(7) | This subsection applies if the Panel or Council is satisfied that the adverse |
| |
impact of the proposed development would outweigh its benefits. |
| |
(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 |
| 35 |
national policy statement is met. |
| |
105 | Decisions of Secretary of State |
| |
(1) | This section applies in relation to an application for an order granting |
| |
development consent if the decision-maker is the Secretary of State. |
| |
(2) | In deciding the application the Secretary of State must have regard to— |
| 40 |
(a) | any local impact report (within the meaning given by section 60(3)) |
| |
submitted to the Commission before the deadline specified in a notice |
| |
| |
|
| |
|