Part 6, Chapter 1 –Handling of application by the Commission
Section 55 – Acceptance of applications
128.This section provides that when the Commission receives an application for an order granting development consent, the Commission must decide whether or not to accept it. The Commission can accept the application only if it complies with the requirements set out in the Act at section 37 and the Commission is satisfied as to the other matters set out in subsection (3) of section 55. The Commission must notify the applicant of its decision.
Sections 56 and 57 – Notifying persons of accepted application/Categories for purposes of section 56(2)(d)
129.These sections describe the persons who must be notified of an application for an order granting development consent which the Commission has accepted. The persons to be notified are certain local authorities, any persons prescribed by regulations and certain people with interests in land.
130.The form and content of the notice, and the manner in which it is to be given, may be prescribed in regulations by the Secretary of State. The applicant must inform the person of any deadline by which they should respond to the Commission; this deadline should not be less than 28 days.
131.Subsections (7) and (8) of section 56 require the applicant to publicise the application in the manner set out by the Secretary of State. Any publicity must include a deadline by which people should notify the Commission of their interest or objection to the application.
Section 58 – Certifying compliance with section 56
132.This section provides that the applicant must certify to the Commission that he has complied with section 56. If the applicant issues a certificate containing false or misleading information, he may be guilty of an offence and be liable to a fine.
Section 59: Notice of persons interested in land to which compulsory acquisition relates
133.This section provides that where the Commission has accepted an application for an order granting development consent that includes a request for authorisation of the compulsory acquisition of land or an interest in or right over land, the applicant must give the Commission names and other prescribed information in relation to persons with an interest in the land. The applicant is required to make diligent inquiry to ascertain the names of affected persons.
Section 60: Local impact report
134.This section requires the Commission to notify relevant local authorities of the acceptance of an application for development consent and to invite such authorities to submit (by a specified deadline) a report to it giving details of the likely impact of the proposed development on the authority’s area.
Section 61: Initial choice of Panel or single Commissioner
135.This section provides that when the Commissioner accepts an application for an order granting development consent, the chair must decide whether the application should be handled by a Panel or by a single Commissioner. In making this decision, the chair must have regard to guidance issued by the Secretary of State and to the views of any of the other Commissioners and the chief executive of the Commission.
Section 62: Switching from single Commissioner to Panel
136.This section provides that where an application for an order granting development consent is being handled by a single Commissioner, the chair can decide that it should instead by handled by a Panel. In making this decision, the chair must have regard to guidance issued by the Secretary of State and to the views of other Commissioners and the chief executive of the Commission.
Section 63: Delegation of functions by person appointed to chair Commission
137.This section gives the chair the power to delegate any of his or her functions under Part 6 of the Act to one of the deputy chairs, subject to the limitations in subsections (5) to (10).
