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Planning Act 2008

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102Interpretation of Chapter 4: “interested party” and other expressionsE+W+S

This section has no associated Explanatory Notes

(1)For the purposes of this Chapter, a person is an “interested party” if—

(a)the person is the applicant,

[F1(aa)the person has been notified of the acceptance of the application in accordance with section 56(2)(d),

(ab)the Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,]

[F2(ba)the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),]

[F3(c)the person is a local authority in whose area the land is located,

(ca)the person—

(i)is mentioned in section 88(3)(c) or (d), and

(ii)has notified the Examining authority as mentioned in section 89(2A)(b),]

(d)the person is the Greater London Authority and the land is in Greater London, or

(e)the person has made a relevant representation.

[F4(1ZA)But a person ceases to be an “interested party” for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.]

[F5(1A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

(2)In this Chapter “representation” includes evidence, and references to the making of a representation include the giving of evidence.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A representation is a relevant representation for the purposes of subsection (1) to the extent that—

(a)it is a representation about the application,

(b)it is made to the [F7Secretary of State] in the prescribed form and manner,

(c)it is received by the [F7Secretary of State] no later than the deadline that applies under section 56 to the person making it,

(d)it contains material of a prescribed description, and

(e)it does not contain—

(i)material about compensation for compulsory acquisition of land or of an interest in or right over land,

(ii)material about the merits of policy set out in a national policy statement, or

(iii)material that is vexatious or frivolous.

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In [F9subsection (1)(c)]local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

(9)In this section “the land” means the land to which the application relates or any part of that land.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 102(1)(aa)(ab) substituted for s. 102(1)(b) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3S. 102(1)(c)(ca) substituted for s. 102(1)(c) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4S. 102(1ZA) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F7Words in s. 102(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 47; S.I. 2012/628, art. 7(a)

F9Words in s. 102(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(f), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 102 in force for certain purposes at Royal Assent see s. 241

I2S. 102 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

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