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Planning Bill


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

34

 

(a)   

a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56)

(compensation where satisfaction not made for the taking, or injurious

affection, of land subject to compulsory purchase);

(b)   

a claim under Part 1 of the Land Compensation Act 1973 (c. 26)

(compensation for depreciation of land value by physical factors

5

caused by use of public works).

(7)   

In this section “the land” means the land to which the application relates or any

part of that land.

57      

Certifying compliance with section 55

(1)   

Subsection (2) applies where—

10

(a)   

the Commission has accepted an application for an order granting

development consent, and

(b)   

the applicant has complied with section 55 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 55 in relation to

15

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.

20

(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.

25

(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

30

subsection (6) of this section.

58      

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

35

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

40

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.

 
 

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

35

 

(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

which the compulsory acquisition request relates or any part of that land.

59      

Local impact reports

(1)   

Subsection (2) applies where the Commission—

5

(a)   

has accepted an application for an order granting development

consent, and

(b)   

has received—

(i)   

a certificate under section 57(2) in relation to the application,

and

10

(ii)   

where section 58 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

15

authority within the meaning given by section 100(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).

20

(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

25

application by a Panel or a single Commissioner (see section 97).

60      

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

30

(b)   

has received—

(i)   

a certificate under section 57(2) in relation to the application,

and

(ii)   

where section 58 applies, a notice under that section in relation

to the application.

35

(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

40

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.

 
 

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

36

 

(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,

(b)   

any Commissioner not within paragraph (a) who the person thinks it

5

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—

(a)   

by any of the other Commissioners, or

10

(b)   

by the chief executive of the Commission,

   

as to whether the application concerned should be handled by a Panel under

Chapter 2 or by a single Commissioner under Chapter 3.

61      

Switching from single Commissioner to Panel

(1)   

Subsection (2) applies where an application for an order granting development

15

consent is being handled by a single Commissioner under Chapter 3.

(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

20

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—

(a)   

the other Commissioners who, for the purpose of responding to

25

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.

(5)   

In making a decision under subsection (2), the person making the decision

30

must have regard to any views expressed—

(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.

35

62      

Delegation of functions by person appointed to chair Commission

(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).

40

(3)   

If at any time there is (apart from this subsection) no-one who is able and

available to carry out the function, each deputy may carry out the function.

 
 

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

37

 

(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 65(5)(a) in relation to the chair’s membership of the Panel is not

exercisable by the chair but is exercisable by each deputy.

5

(6)   

Where the chair is the lead member of a Panel under Chapter 2, the chair’s

function under section 65(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.

(7)   

Where the chair is the single Commissioner appointed to handle an application

10

under Chapter 3, the chair’s function under section 79(3) in relation to the

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 65(5)(a) in relation to that deputy’s membership of the Panel may

15

not be delegated under subsection (2) to that deputy.

(9)   

Where a deputy is the lead member of a Panel under Chapter 2, the chair’s

function under section 65(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.

20

(10)   

Where a deputy is the single Commissioner appointed to handle an application

under Chapter 3, the chair’s function under section 79(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

25

The Panel procedure

Panels

63      

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

30

development consent, and

(b)   

under section 60(2) or 61(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.

35

64      

Appointment of members, and lead member, of Panel

(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

40

appointed to chair the Panel.

 
 

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

38

 

(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,

5

(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—

10

(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.

65      

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

15

Commissioner, but this is subject to section 66.

(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.

20

(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

25

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.

30

66      

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),

35

(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

40

(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—

 
 

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

39

 

(a)   

the Panel has decided, or (as the case may be) reported to the Secretary

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—

5

(a)   

the Panel had decided, or (as the case may be) reported to the Secretary

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 the prescribed

form.

10

67      

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 64(1)(a).

(2)   

The person appointed to chair the Commission may appoint a Commissioner

to be a member of the Panel.

15

(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

20

addition to any person who is otherwise a member of the Panel.

(5)   

A person may under subsection (2) make a self-appointment.

68      

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

25

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.

69      

Membership of Panel where application relates to land in Wales

30

(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 64(1)(a) or 67(2) must do so with a

view to securing that, if reasonably practicable, at least one of the members of

the Panel is—

35

(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

40

 
 

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

40

 

Ministers as being a Commissioner who should be treated for the purposes of

this section as being a Commissioner within subsection (2)(a).

70      

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 61(2).

5

(2)   

A Commissioner who has handled the application under Chapter 3—

(a)   

may be appointed under section 64(1)(a) or 67(2) as a member of the

Panel, and

(b)   

if a member of the Panel, may be appointed under section 64(1)(b) or

68(2) to chair the Panel.

10

(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

15

knowledge of the proceedings under Chapter 3 on the application.

71      

Panel ceasing to have any members

(1)   

If the Panel ceases to have any members, a new Panel must be constituted

under section 64(1).

(2)   

At times after the new Panel has been constituted (but subject to the further

20

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

25

application, or

(b)   

treated under section 70(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

30

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 67(2) is not exercisable at times when the Panel has

no members.

35

72      

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;

40

(d)   

a vacancy in that office.

 
 

 
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