Planning Act 2008

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 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

(c) the Secretary of State is satisfied that the condition in subsection (2) or (3) 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 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,

(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 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 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,

(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 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 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 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 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).

(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 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—

(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 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.

(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 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 (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 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 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.

(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.