Planning Act 2008

Chapter 3 The single-Commissioner procedure

The single Commissioner

78 Single Commissioner to handle application

(1) This Chapter applies where—

(a) the Commission accepts an application for an order granting development consent, and

(b) under section 61(2), it is decided that the application is to be handled by a single Commissioner under this Chapter.

(2) In this Chapter “the single Commissioner” means the person who is appointed to handle the application under this Chapter.

79 Appointment of single Commissioner

(1) The person appointed to chair the Commission must appoint a Commissioner to handle the application.

(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—

(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.

(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.

80 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 81.

(2) A person may resign from being the single Commissioner by giving notice in writing to the Commission.

(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.

81 Single Commissioner 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),

(b) immediately before ceasing to hold office, the ex-Commissioner is the 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.

(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.

(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.

(4) An election under subsection (1)(d) is effective only if made in writing to each of the following—

(a) the chief executive of the Commission;

(b) the person appointed to chair the Commission, where the ex-Commissioner is not the person appointed to chair the Commission.

82 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 79.

(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 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

83 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 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 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 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

84 Report from single Commissioner to be referred to Council

(1) This section applies where, in a case within section 83(2)(a), the Commission 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.

85 Decisions made by the Council on the application

(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.

(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.