Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 5 — Decisions on applications
56

(b)
any matters prescribed in relation to development of the description to
which the application relates, and
(c)
any other matters which the Secretary of State thinks are both
important and relevant to the Secretary of State’s decision.
106
Matters that may be disregarded when deciding application
5
(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—
(a)
are vexatious or frivolous,
(b)
relate to the merits of policy set out in a national policy statement, or
10
(c)
relate to compensation for compulsory acquisition of land or of an
interest in or right over land.
(2)
In this section “representation” includes evidence.
107
Timetable for decisions
(1)
The decision-maker is under a duty to decide an application for an order
15
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
completion of its examination of the application under section 98;
20
(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 98;
(c)
in a case where the Secretary of State is the decision-maker by virtue of
section 103(1), the day on which the Secretary of State receives a report
25
on the application under section 74(2)(b) or 83(2)(b);
(d)
in a case where the Secretary of State is the decision-maker by virtue of
section 113(2)(b), the deadline for the completion of the Secretary of
State’s examination of the application under section 113(2)(a).
(3)
The appropriate authority may set a date for the deadline under subsection (1)
30
that is later than the date for the time being set.
(4)
The appropriate authority is—
(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
35
Secretary of State.
(5)
The power under subsection (3) 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 (3) is exercised other than by the Secretary
40
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

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
57

(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.
(7)
Where the power under subsection (3) is exercised by the Secretary of State, the
Secretary of State must—
5
(a)
notify each interested party of what has been done and of the reasons
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.
10
(9)
“Interested party” means a person who is an interested party in relation to the
application for the purposes of Chapter 4 (see section 102).
Chapter 6
Suspension of decision-making process
108
Suspension during review of national policy statement
15
(1)
This section applies where—
(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
20
circumstances since the national policy statement was first published or
(if later) the statement or any part of it was last reviewed, all or part of
the statement should be reviewed before the application is decided.
(2)
The Secretary of State may direct that, until the review has been completed and
the Secretary of State has complied with section 6(5) in relation to the review,
25
the following are suspended—
(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.
30
Chapter 7
Intervention by Secretary of State
109
Intervention: significant change in circumstances
(1)
Section 112 applies by virtue of this section if—
(a)
an application is made for an order granting development consent for
35
development of a description in relation to which a national policy
statement has effect,
(b)
the Commission has accepted the application and has received a
certificate under section 58(2), and (where section 59 applies) a notice
under that section, in relation to the application, and
40
(c)
the Secretary of State is satisfied that the condition in subsection (2) or
(3) is met.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
58

(2)
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
(“the relevant policy”) was decided,
5
(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
a material effect on the decision on the application, and
10
(e)
there is an urgent need in the national interest for the application to be
decided before the national policy statement is reviewed.
(3)
The condition is that—
(a)
since the time when part of the national policy statement (“the relevant
part”) was first published or (if later) last reviewed, there has been a
15
significant change in any circumstances on the basis of which any of the
policy set out in the relevant part (“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,
20
(d)
if the relevant policy was materially different, it would be likely to have
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 relevant part is reviewed.
(4)
In deciding whether the tests in subsection (2)(d) and (e), or (3)(d) and (e), are
25
met, the Secretary of State must have regard to the views of the Commission.
110
Intervention: defence and national security
Section 112 applies by virtue of this section if—
(a)
an application is made for an order granting development consent,
(b)
the Commission has accepted the application and has received a
30
certificate under section 58(2) in relation to the application, and
(c)
the Secretary of State is satisfied that intervention by the Secretary of
State would be in the interests of defence or national security.
111
Intervention: other circumstances
The Secretary of State may by order specify other circumstances in which
35
section 112 is to apply in relation to an application for an order granting
development consent.
112
Power of Secretary of State to intervene
(1)
Where this section applies in relation to an application for an order granting
development consent, the Secretary of State may direct that the application is
40
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
88(2).

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
59

(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)
In a case where this section applies by virtue of section 109, a direction under
subsection (1) must state the Secretary of State’s reasons for being satisfied that
5
the condition in section 109(2) or (3) is met.
113
Effect of intervention
(1)
This section applies if the Secretary of State gives a direction under section
112(1) in relation to an application.
(2)
The Secretary of State has the functions of—
10
(a)
examining the application, and
(b)
deciding the application.
(3)
The Secretary of State may discharge the function of examining the application
by—
(a)
directing the Commission to examine such matters as may be specified
15
by the Secretary of State;
(b)
conducting an examination of any matters in relation to which a
direction under paragraph (a) is not given.
(4)
Schedule 3 makes provision in relation to the Secretary of State’s function of
examining an application under this section.
20
(5)
An examination under subsection (3)(a) is to be conducted in accordance with
paragraph 1 of Schedule 3.
(6)
An examination under subsection (3)(b) is to be conducted in accordance with
paragraph 2 of Schedule 3.
(7)
Rules under paragraph 3 of Schedule 3 must provide for a deadline for the
25
completion by the Secretary of State of—
(a)
the examination of the application under subsection (2)(a);
(b)
the examination of any matters under subsection (3)(b).
(8)
The Secretary of State’s examination of the application is a statutory inquiry for
the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007
30
(c. 15) (functions etc. of Administrative Justice and Tribunals Council).
(9)
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
held) applies in relation to the Secretary of State’s examination of the
application as it applies in relation to an inquiry under that section, but with
35
references to the Minister causing the inquiry to be held being read as
references to the Secretary of State.

This is subject to subsection (10).
(10)
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
40
inquiry to be held) apply in relation to the Secretary of State’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 Minister
causing the inquiry to be held being read as references to the Secretary of State.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
60

(11)
In subsection (10) “hearing” means—
(a)
any meeting or hearing that the Secretary of State causes to be held for
the purposes of the Secretary of State’s examination of the application,
or
(b)
a site visit.
5
Chapter 8
Grant or refusal
114
Grant or refusal of development consent
(1)
When it has decided an application for an order granting development
consent, the decision-maker must either—
10
(a)
make an order granting development consent, or
(b)
refuse development consent.
(2)
The Secretary of State may by regulations make provision regulating the
procedure to be followed if the decision-maker proposes to make an order
granting development consent on terms which are materially different to those
15
proposed in the application.
115
Development for which development consent may be granted
(1)
Development consent may be granted for development which is—
(a)
development for which development consent is required, or
(b)
associated development.
20
(2)
“Associated development” means development which—
(a)
is associated with the development within subsection (1)(a) (or any part
of it),
(b)
is not the construction or extension of one or more dwellings, and
(c)
is within subsection (3) or (4).
25
(3)
Development is within this subsection if it is to be carried out wholly in one or
more of the following areas—
(a)
England;
(b)
waters adjacent to England up to the seaward limits of the territorial
sea;
30
(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.
(4)
Development is within this subsection if—
(a)
it is to be carried out wholly in Wales,
35
(b)
it is the carrying out or construction of surface works, boreholes or
pipes, and
(c)
the development within subsection (1)(a) with which it is associated is
development within section 17(3).
(5)
To the extent that development consent is granted for associated development,
40
section 33 applies to the development as it applies to development for which
development consent is required.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
61

(6)
In deciding whether development is associated development, a Panel or the
Council must have regard to any guidance issued by the Secretary of State.
116
Reasons for decision to grant or refuse development consent
(1)
The decision-maker must prepare a statement of its reasons for deciding to—
(a)
make an order granting development consent, or
5
(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
Chapter 4 (see section 102).
(3)
The appropriate authority must publish the statement in such manner as the
10
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;
(b)
the Secretary of State where the decision-maker is the Secretary of State.
117
Orders granting development consent: formalities
15
(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 of
the Commission.
(3)
Except in a case within subsection (4), the appropriate authority must publish
the order in such manner as the authority thinks appropriate.
20
(4)
If the order includes provision made in the exercise of any of the powers
conferred by section 120(5)(a) or (b), the order must be contained in a statutory
instrument.
(5)
If the instrument containing the order is made by a Panel or the Council in the
name of the Commission, the Statutory Instruments Act 1946 (c. 36) applies in
25
relation to the instrument as if it had been made by a Minister of the Crown.
(6)
As soon as practicable after the instrument is made, the appropriate authority
must deposit in the office of the Clerk of the Parliaments a copy of—
(a)
the instrument,
(b)
the latest version of any plan supplied by the applicant in connection
30
with the application for the order contained in the instrument, and
(c)
the statement of reasons prepared under section 116(1).
(7)
In this section “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.
35

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 9 — Legal challenges
62

Chapter 9
Legal challenges
118
Legal challenges relating to applications for orders granting development
consent
(1)
A court may entertain proceedings for questioning an order granting
5
development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with—
(i)
the day on which the order is published, or
(ii)
if later, the day on which the statement of reasons for making
10
the order is published.
(2)
A court may entertain proceedings for questioning a refusal of development
consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
15
day on which the statement of reasons for the refusal is published.
(3)
A court may entertain proceedings for questioning a decision of the
Commission under section 55 not to accept an application for an order granting
development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
20
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the Commission notifies the applicant as required by
subsection (7) of that section.
(4)
A court may entertain proceedings for questioning a decision under paragraph
1 of Schedule 4 in relation to an error or omission in a decision document only
25
if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which a correction notice in respect of the error or omission is
issued under paragraph 2 of that Schedule or, if the correction is
30
required to be made by order contained in a statutory instrument, the
day on which the order is published.
(5)
A court may entertain proceedings for questioning a decision under paragraph
2(1) of Schedule 6 to make a change to an order granting development consent
only if—
35
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which notice of the change is given under paragraph 2(12)(b) of
that Schedule or, if the change to the order is required to be made by
order contained in a statutory instrument, the day on which the order
40
making the change is published.
(6)
A court may entertain proceedings for questioning a decision under paragraph
3(1) of Schedule 6 to make a change to, or revoke, an order granting
development consent only if—
(a)
the proceedings are brought by a claim for judicial review, and
45