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Planning Bill


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

41

 

(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.

(3)   

Subsection (2) does not apply where the change occurs as a result of the Panel

5

being reconstituted as required by section 71(1).

Panel’s role in relation to application

73      

Panel to decide, or make recommendation in respect of, application

(1)   

Where a national policy statement has effect in relation to development of the

description to which the application relates, the Panel has the functions of—

10

(a)   

examining the application, and

(b)   

deciding the application.

(2)   

In any other case, the Panel has the functions of—

(a)   

examining the application, and

(b)   

making a report to the Secretary of State on the application setting

15

out—

(i)   

the Panel’s findings and conclusions in respect of the

application, and

(ii)   

the Panel’s recommendation as to the decision to be made on

the application.

20

(3)   

The Panel’s functions under this section are to be carried out in accordance

with Chapter 4.

(4)   

The staff of the Commission have the function of providing or procuring

support for members of the Panel undertaking the Panel’s functions under this

section.

25

74      

Decision-making by the Panel

(1)   

The making of a decision by the Panel requires the agreement of a majority of

its members.

(2)   

The lead member has a second (or casting) vote in the event that the number of

members of the Panel agreeing to a proposed decision is the same as the

30

number of members not so agreeing.

75      

Allocation within Panel of Panel’s functions

(1)   

This section applies in relation to the Panel’s examination of the application.

(2)   

The Panel, as an alternative to itself undertaking a part of the examination, may

allocate the undertaking of that part to any one or more of the members of the

35

Panel.

(3)   

Where there is an allocation under subsection (2)—

(a)   

anything that under Chapter 4 is required or authorised to be done by

or to the Panel in connection with the allocated part of the examination

may be done by or to the member or members concerned (or by or to

40

the Panel), and

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure

42

 

(b)   

findings and conclusions of the member or members concerned in

respect of the matters allocated are to be taken to be the Panel’s.

(4)   

Subsection (3)(b) has effect subject to any decision of the Panel, made on the

occasion of making the allocation or earlier, as to the status of any such findings

or conclusions.

5

(5)   

Where there is an allocation under subsection (2) to two or more of the

members of the Panel, the making of a decision by the members concerned

requires the agreement of all of them.

76      

Exercise of Panel’s powers for examining application

(1)   

In this section “procedural power” means any power conferred on the Panel for

10

the purposes of its examination of the application.

(2)   

A procedural power, as well as being exercisable by the Panel itself, is also

(subject to subsection (3)) exercisable by any one or more of the members of the

Panel.

(3)   

The Panel may decide to restrict or prohibit the exercise of a procedural power

15

otherwise than by the Panel itself.

(4)   

Subsection (2)—

(a)   

applies whether or not there is an allocation under section 75(2), and

(b)   

where there is such an allocation, is in addition to section 75(3)(a).

(5)   

Subsection (3) does not authorise curtailment of a power conferred by section

20

75(3)(a).

Chapter 3

The single-Commissioner procedure

The single Commissioner

77      

Single Commissioner to handle application

25

(1)   

This Chapter applies where—

(a)   

the Commission accepts an application for an order granting

development consent, and

(b)   

under section 60(2), it is decided that the application is to be handled by

a single Commissioner under this Chapter.

30

(2)   

In this Chapter “the single Commissioner” means the person who is appointed

to handle the application under this Chapter.

78      

Appointment of single Commissioner

(1)   

The person appointed to chair the Commission must appoint a Commissioner

to handle the application.

35

(2)   

A person may under subsection (1) make a self-appointment.

(3)   

Before making an appointment under subsection (1), the person making the

appointment must consult—

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure

43

 

(a)   

the other Commissioners who, for the purpose of responding to

consultation about the appointment, 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

(4)   

In making an appointment under subsection (1), the person making the

appointment 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 which Commissioner should be appointed.

10

79      

Ceasing to be the single Commissioner

(1)   

A person ceases to be the single Commissioner if the person ceases to be a

Commissioner, but this is subject to section 80.

(2)   

A person may resign from being the single Commissioner by giving notice in

writing to the Commission.

15

(3)   

The person appointed to chair the Commission (“the chair”) may remove a

person (“the appointee”) from being the single Commissioner if the chair is

satisfied that the appointee is unable, unwilling or unfit to perform the duties

of the single Commissioner.

80      

Single Commissioner continuing though ceasing to be Commissioner

20

(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),

(b)   

immediately before ceasing to hold office, the ex-Commissioner is the

25

single Commissioner,

(c)   

the ex-Commissioner is still handling the application at the time the ex-

Commissioner ceases to hold office, and

(d)   

before ceasing to hold office, the ex-Commissioner elects to continue

acting as a Commissioner in relation to the application.

30

(2)   

For the purpose of the application, the ex-Commissioner is to be treated as

continuing to hold office until—

(a)   

the ex-Commissioner has reported to the Commission, or (as the case

may be) the Secretary of State, on the application, or

(b)   

(if earlier) the ex-Commissioner ceases to be the single Commissioner.

35

(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 ex-Commissioner had reported to the Commission, or (as the case

may be) the Secretary of State, on the application, or

(b)   

(if earlier) the ex-Commissioner ceased to be the single Commissioner.

40

(4)   

An election under subsection (1)(d) is effective only if made in the prescribed

form.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure

44

 

81      

Appointment of replacement single Commissioner

(1)   

Where a person ceases to be the single Commissioner, a new appointment of a

person to handle the application must be made under section 78.

(2)   

Where that happens, the new single Commissioner may, so far as may be

appropriate, decide to treat things done by or in relation to any previous single

5

Commissioner as done by or in relation to the new single Commissioner.

(3)   

Where the single Commissioner makes a decision under subsection (2), the

single Commissioner is under a duty to acquire the necessary knowledge of the

previous proceedings on the application.

Single Commissioner’s role in relation to application

10

82      

Single Commissioner to examine and report on application

(1)   

The single Commissioner has the functions of—

(a)   

examining the application, and

(b)   

making a report on the application setting out—

(i)   

the single Commissioner’s findings and conclusions in respect

15

of the application, and

(ii)   

the single Commissioner’s recommendation as to the decision

to be made on the application.

(2)   

A report under subsection (1)(b) is to be made—

(a)   

to the Commission, if a national policy statement has effect in relation

20

to development of the description to which the application relates;

(b)   

to the Secretary of State, in any other case.

(3)   

The single Commissioner’s functions under subsection (1) are to be carried out

in accordance with Chapter 4.

(4)   

The staff of the Commission have the function of providing or procuring

25

support for the single Commissioner in connection with the single

Commissioner’s carrying-out of the functions under subsection (1).

Commission’s role in respect of application

83      

Report from single Commissioner to be referred to Council

(1)   

This section applies where, in a case within section 82(2)(a), the Commission

30

receives the single Commissioner’s report on the application.

(2)   

The Commission must—

(a)   

refer the application to the Council for decision, and

(b)   

supply the report to the Council.

84      

Decisions made by the Council on the application

35

(1)   

This section applies to decisions made by the Council in deciding the

application.

(2)   

At least five members of the Council must participate in making a decision.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

45

 

(3)   

The making of a decision requires the agreement of a majority of the members

of the Council who are participating in making it.

(4)   

The person chairing the Council has a second (or casting) vote in the event that

the number of members of the Council agreeing to a proposed decision is the

same as the number of members not so agreeing.

5

Chapter 4

Examination of applications under Chapter 2 or 3

85      

Chapter applies to examination by Panel or single Commissioner

(1)   

This Chapter applies—

(a)   

in relation to the examination of an application by a Panel under

10

Chapter 2, and

(b)   

in relation to the examination of an application by a single

Commissioner under Chapter 3.

(2)   

In this Chapter as it applies in relation to the examination of an application by

a Panel under Chapter 2, “the Examining authority” means the Panel.

15

(3)   

In this Chapter as it applies in relation to the examination of an application by

a single Commissioner under Chapter 3, “the Examining authority” means the

single Commissioner.

86      

Examining authority to control examination of application

(1)   

It is for the Examining authority to decide how to examine the application.

20

(2)   

The Examining authority, in making any decision about how the application is

to be examined, must—

(a)   

comply with—

(i)   

the following provisions of this Chapter, and

(ii)   

any rules made under section 96, and

25

(b)   

have regard to any guidance given by the Secretary of State, and any

guidance given by the Commission, relevant to how the application is

to be examined.

(3)   

The Examining authority may in examining the application disregard

representations if the Examining authority considers that the

30

representations—

(a)   

are vexatious or frivolous,

(b)   

relate to the merits of policy set out in a national policy statement, or

(c)   

relate to compensation for compulsory acquisition of land or of an

interest in or right over land.

35

87      

Initial assessment of issues, and preliminary meeting

(1)   

The Examining authority must make such an initial assessment of the principal

issues arising on the application as the Examining authority thinks

appropriate.

(2)   

After making that assessment, the Examining authority must hold a meeting.

40

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

46

 

(3)   

The Examining authority must invite to the meeting—

(a)   

the applicant, and

(b)   

each other interested party,

   

whether or not the Examining authority is required by rules under section 96,

or chooses, also to invite other persons.

5

(4)   

The purposes of the meeting are—

(a)   

to enable invitees present at the meeting to make representations to the

Examining authority about how the application should be examined,

(b)   

to discuss any other matter that the Examining authority wishes to

discuss, and

10

(c)   

any other purpose that may be specified in rules under section 96.

(5)   

Subsections (2) to (4) do not prevent the Examining authority holding other

meetings.

(6)   

Rules under section 96

(a)   

may (in particular) make provision supplementing subsections (1) to

15

(4), and

(b)   

must make provision as to when the assessment under subsection (1) is

to be made and as to when the meeting required by subsection (2) is to

be held.

88      

Examining authority’s decisions about how application is to be examined

20

(1)   

The Examining authority must in the light of the discussion at the meeting held

under section 87(2) make such procedural decisions as the Examining

authority thinks appropriate.

(2)   

The decisions required by subsection (1) may be made at or after the meeting.

(3)   

The Examining authority may make procedural decisions otherwise than as

25

required by subsection (1), and may do so at any time before or after the

meeting.

(4)   

The Examining authority must inform each interested party of any procedural

decision made by the Examining authority.

(5)   

In this section “procedural decision” means a decision about how the

30

application is to be examined.

89      

Written representations

(1)   

The Examining authority’s examination of the application is to take the form

of consideration of written representations about the application.

(2)   

Subsection (1) has effect subject to—

35

(a)   

any requirement under section 90, 91 or 92 to cause a hearing to be held,

and

(b)   

any decision by the Examining authority that any part of the

examination is to take a form that is neither—

(i)   

consideration of written representations, nor

40

(ii)   

consideration of oral representations made at a hearing.

 
 

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3

47

 

(3)   

Rules under section 96 may (in particular) specify written representations

about the application which are to be, or which may be or may not be,

considered under subsection (1).

90      

Hearings about specific issues

(1)   

Subsections (2) and (3) apply where the Examining authority decides that it is

5

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—

(a)   

adequate examination of the issue, or

(b)   

that an interested party has a fair chance to put the party’s case.

10

(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

authority’s powers of control over the conduct of the hearing) to make oral

representations about the issue.

15

(4)   

Where the Examining authority is a Panel acting under Chapter 2, any two or

more hearings under subsection (2) may be held concurrently.

91      

Compulsory acquisition hearings

(1)   

This section applies where the application includes a request for an order

granting development consent to authorise compulsory acquisition of land or

20

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

Commission that the person wishes a compulsory acquisition hearing to be

held.

25

(3)   

If the Commission receives notification from at least one affected person before

the deadline, the Examining authority must cause a compulsory acquisition

hearing to be held.

(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

30

make oral representations about the compulsory acquisition request—

(a)   

the applicant;

(b)   

each affected person.

(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 58.

35

92      

Open-floor hearings

(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

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

40

before the deadline, the Examining authority must cause an open-floor hearing

to be held.

 
 

 
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