Planning Act 2008 Explanatory Notes

Part 6

18.Part 6 describes the process by which an application for an order granting development consent will be handled by the Commission. This Part is divided into chapters that specify the processes which will apply when an application is to be examined and decided by a Panel comprising several Commissioners (Chapter 2) or examined by a single Commissioner (Chapter 3). The examination of an application will be conducted primarily through written representations, but there will an open floor stage and where necessary other oral hearings. A timetable is set for examining, and reporting on or deciding, an application.

19.Chapter 5 describes the matters to which the Commission must have regard in deciding an application for an order granting development consent. Other than in specified exceptional circumstances decisions by the Commission must be taken in accordance with the relevant national policy statement. The matters to which the Secretary of State must have regard when she decides applications are also specified.

20.Chapter 6 provides that the Secretary of State may direct the Commission to suspend consideration of an application while she reviews the relevant national policy statement. Chapter 7 gives the Secretary of State a power to intervene and direct that an application for an order granting development consent be referred to her in specified circumstances.

21.Chapter 8 contains provisions relating to the grant or refusal of development consent and Chapter 9 identifies the opportunities for bringing any legal challenges in connection with applications for development consent. Chapter 10 sets out the mechanisms by which the decision-maker can make corrections to a decision, where this contains a minor clerical error.

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