Planning Act 2008

Examination of matters by Secretary of State: procedure

2 (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 is to conduct an examination of any matters under section 113(3)(b).

(2) It is for the Secretary of State to decide how to conduct the examination under section 113(3)(b).

(3) The Secretary of State may in particular decide that all or part of the examination is to take the form of—

(a) consideration of written representations;

(b) consideration of oral representations at a hearing.

(4) The Secretary of State may treat things done in connection with the examination of the application under Chapter 2 or 3 of Part 6 as done in connection with the examination under section 113(3)(b).

(5) Sub-paragraph (6) applies if—

(a) the direction under section 112(1) is given by virtue of section 110,

(b) the Secretary of State has decided that all or part of the examination is to take the form of consideration of oral representations at a hearing, and

(c) the Secretary of State is satisfied that—

(i) the making of particular representations at the hearing would be likely to result in the disclosure of information as to defence or national security, and

(ii) the public disclosure of that information would be contrary to the national interest.

(6) The Secretary of State may direct that representations of a specified description may be made only to persons of a specified description (instead of being made in public).

(7) “Specified” means specified in the direction.

(8) The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject to—

(a) sub-paragraphs (5) to (7), and

(b) any rules made under paragraph 3.

(9) In this paragraph “representation” includes evidence.