Planning Act 2008

Examination of matters by Commission: procedure

1 (1) This paragraph applies if—

(a) the Secretary of State gives a direction under section 112(1) in relation to an application, and

(b) for the purpose of the examination of the application under section 113(2)(a), the Secretary of State gives a direction under section 113(3)(a) for specified matters to be examined by the Commission.

(2) The Commission must secure that—

(a) an examination of the specified matters is conducted by a Panel or a single Commissioner, and

(b) a report is made by the Panel or Commissioner to the Secretary of State setting out the Panel or Commissioner’s findings and conclusions on those matters.

(3) The Panel or single Commissioner must—

(a) complete the examination under sub-paragraph (2)(a) by the end of the period specified by the Secretary of State, and

(b) report under sub-paragraph (2)(b) by the end of the period specified by the Secretary of State.

(4) The Secretary of State may direct that things done in connection with the examination of the application under Chapter 2 or 3 of Part 6 are to be treated as done in connection with the examination under sub-paragraph (2)(a).

(5) The following provisions of Part 6 apply in relation to the specified matters as if for references to an application for an order granting development consent there were substituted references to the specified matters —

(a) in Chapter 1, sections 61(2) to (5), 62 and 63;

(b) in Chapter 2, sections 64 (except subsection (1)(a)), 65 to 73, 74(2) to (4) and 75 to 77;

(c) in Chapter 3, sections 78 (except subsection (1)(a)), 79 to 82 and 83 (except subsection (2)(a));

(d) in Chapter 4, sections 86 to 97 and 99 to 102.

(6) As applied by sub-paragraph (5), those provisions apply—

(a) with any necessary modifications, and

(b) with such other modifications as may be prescribed.