Planning Bill

House of Lords

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 7 — Intervention by Secretary of State
55

(9)
“Interested party” means a person who is an interested party in relation to the
application for the purposes of Chapter 4 (see section 100).
Chapter 6
Suspension of decision-making process
106
Suspension during review of national policy statement
5
(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
10
circumstances since the national policy statement was first published or
(if later) last reviewed, the statement should be reviewed before the
application is decided.
(2)
The Secretary of State may direct that, until the review of the national policy
statement has been completed and the Secretary of State has complied with
15
section 6(2) in relation to the review, 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.
20
Chapter 7
Intervention by Secretary of State
107
Intervention: significant change in circumstances
(1)
Section 110 applies by virtue of this section if—
(a)
an application is made for an order granting development consent for
25
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 57(2), and (where section 58 applies) a notice
under that section, in relation to the application, and
30
(c)
the Secretary of State is satisfied that the condition in subsection (2) is
met.
(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
35
circumstances on the basis of which any policy set out in the statement
(“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,
40
(d)
if the relevant policy was materially different, it would be likely to have
a material effect on the decision on the application, and

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 7 — Intervention by Secretary of State
56

(e)
there is an urgent need in the national interest for the application to be
decided before the national policy statement is reviewed.
(3)
In deciding whether the tests in subsection (2)(d) and (e) are met, the Secretary
of State must have regard to the views of the Commission.
108
Intervention: defence and national security
5
Section 110 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
certificate under section 57(2) in relation to the application, and
(c)
the Secretary of State is satisfied that intervention by the Secretary of
10
State would be in the interests of defence or national security.
109
Intervention: other circumstances
The Secretary of State may by order specify other circumstances in which
section 110 is to apply in relation to an application for an order granting
development consent.
15
110
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
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
20
weeks beginning with the day after the end of the meeting held under section
87(2).
(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.
25
(4)
In a case where this section applies by virtue of section 107, a direction under
subsection (1) must state the Secretary of State’s reasons for being satisfied that
the condition in section 107(2) is met.
111
Effect of intervention
(1)
This section applies if the Secretary of State gives a direction under section
30
110(1) in relation to an application.
(2)
The Secretary of State has the functions of—
(a)
examining the application, and
(b)
deciding the application.
(3)
The Secretary of State may discharge the function of examining the application
35
by—
(a)
directing the Commission to examine such matters as may be specified
by the Secretary of State;
(b)
conducting an examination of any matters in relation to which a
direction under paragraph (a) is not given.
40

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
57

(4)
Schedule 3 makes provision in relation to the Secretary of State’s function of
examining an application under this section.
(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
5
paragraph 2 of Schedule 3.
(7)
Rules under paragraph 3 of Schedule 3 must provide for a deadline for the
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).
10
(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
(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
15
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
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).
20
(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
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
25
causing the inquiry to be held being read as references to the Secretary of State.
(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
30
(b)
a site visit.
Chapter 8
Grant or refusal
112
Grant or refusal of development consent
(1)
When it has decided an application for an order granting development
35
consent, the decision-maker must either—
(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
40
granting development consent on terms which are materially different to those
proposed in the application.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 8 — Grant or refusal
58

113
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.
(2)
“Associated development” means development which—
5
(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).
(3)
Development is within this subsection if it is to be carried out wholly in one or
10
more of the following areas—
(a)
England;
(b)
waters adjacent to England up to the seaward limits of the territorial
sea;
(c)
in the case of development in the field of energy, a Renewable Energy
15
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,
(b)
it is the carrying out or construction of surface works, boreholes or
20
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,
section 33 applies to the development as it applies to development for which
25
development consent is required.
(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.
114
Reasons for decision to grant or refuse development consent
(1)
The decision-maker must prepare a statement of its reasons for deciding to—
30
(a)
make an order granting development consent, or
(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 100).
35
(3)
The appropriate authority must publish the statement in such manner as the
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.
40
115
Orders granting development consent: formalities
(1)
This section applies in relation to an order granting development consent.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 9 — Legal challenges
59

(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.
(4)
If the order includes provision made in the exercise of any of the powers
5
conferred by section 118(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
relation to the instrument as if it had been made by a Minister of the Crown.
10
(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
with the application for the order contained in the instrument, and
15
(c)
the statement of reasons prepared under section 114(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.
Chapter 9
20
Legal challenges
116
Legal challenges relating to applications for orders granting development
consent
(1)
A court may entertain proceedings for questioning an order granting
development consent only if—
25
(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
the order is published.
30
(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
day on which the statement of reasons for the refusal is published.
35
(3)
A court may entertain proceedings for questioning a decision of the
Commission under section 54 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
(b)
the claim form is filed during the period of 6 weeks beginning with the
40
day on which the Commission notifies the applicant as required by
subsection (7) of that section.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 9 — Legal challenges
60

(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
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
5
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
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
10
2(1) of Schedule 6 to make a change to an order granting 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
day on which notice of the change is given under paragraph 2(12)(b) of
15
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
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
20
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
day on which notice of the change or revocation is given under
paragraph 4(6) of that Schedule or, if the change or revocation is
25
required to be made by order contained in a statutory instrument, the
day on which the order making the change or revocation is published.
(7)
A court may entertain proceedings for questioning anything else done, or
omitted to be done, by the Secretary of State or the Commission in relation to
an application for an order granting development consent only if—
30
(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
relevant day.
(8)
“The relevant day”, in relation to an application for an order granting
development consent, means the day on which—
35
(a)
the application is withdrawn,
(b)
the order granting development consent is published or (if later) the
statement of reasons for making the order is published, or
(c)
the statement of reasons for the refusal of development consent is
published.
40
(9)
Subsections (7) and (8) do not apply in relation to—
(a)
a failure to decide an application for an order granting development
consent, or
(b)
anything which delays (or is likely to delay) the decision on such an
application.
45

Planning Bill
Part 7 — Development consent orders
Chapter 1 — Content of development consent orders
61

Chapter 10
Correction of errors
117
Correction of errors in development consent decisions
Schedule 4 (correction of errors in development consent decisions) has effect.
Part 7
5
Development consent orders
Chapter 1
Content of development consent orders
General
118
What may be included in order granting development consent
10
(1)
An order granting development consent may impose requirements in
connection with the development for which consent is granted.
(2)
The requirements may in particular include requirements corresponding to
conditions which could have been imposed on the grant of any permission,
consent or authorisation, or the giving of any notice, which (but for section
15
33(1)) would have been required for the development.
(3)
An order granting development consent may make provision relating to, or to
matters ancillary to, the development for which consent is granted.
(4)
The provision that may be made under subsection (3) includes in particular
provision for or relating to any of the matters listed in Part 1 of Schedule 5.
20
(5)
An order granting development consent may—
(a)
apply, modify or exclude a statutory provision which relates to any
matter for which provision may be made in the order;
(b)
make such amendments, repeals or revocations of statutory provisions
of local application as appear to the decision-maker to be necessary or
25
expedient in consequence of a provision of the order or in connection
with the order;
(c)
include any provision that appears to the decision-maker to be
necessary or expedient for giving full effect to any other provision of
the order;
30
(d)
include incidental, consequential, supplementary, transitional or
transitory provisions and savings.
(6)
In subsection (5) “statutory provision” means a provision of an Act or of an
instrument made under an Act.
(7)
Subsections (3) to (6) are subject to subsection (8) and the following provisions
35
of this Chapter.
(8)
An order granting development consent may not include provision—
(a)
making byelaws or conferring power to make byelaws;
(b)
creating offences or conferring power to create offences;