Planning Act 2008

Chapter 1 E+W+S Handling of application by Commission

55 Acceptance of applications E+W+S

(1) The following provisions of this section apply where the Commission receives an application that purports to be an application for an order granting development consent.

(2) The Commission must, by the end of the period of 28 days beginning with the day after the day on which it receives the application, decide whether or not to accept the application.

(3) The Commission may accept the application only if the Commission concludes—

(a) that it is an application for an order granting development consent,

(b) that it complies with section 37(3) (form and contents of application) and with any standards set under section 37(5),

(c) that development consent is required for any of the development to which the application relates,

(d) that the application gives reasons for each respect in which any applicable guidance given under section 37(4) has not been followed in relation to it, and

(e) that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure).

(4) The Commission, when deciding whether it may reach the conclusion in subsection (3)(e), must have regard to—

(a) the consultation report received under section 37(3)(c),

(b) any adequacy of consultation representation received by it from a local authority consultee, and

(c) the extent to which the applicant has had regard to any guidance issued under section 50.

(5) In subsection (4)—

• “local authority consultee” means—

  (a)

  a local authority consulted under [F1 section 42(1)(b) ] about a proposed application that has become the application, or

  (b)

  the Greater London Authority if consulted under [F2 section 42(1)(c)] about that proposed application;

• “adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.

(6) If the Commission accepts the application, it must notify the applicant of the acceptance.

(7) If the Commission is of the view that it cannot accept the application, it must—

(a) notify that view to the applicant, and

(b) notify the applicant of its reasons for that view.

(8) If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.

Textual Amendments

F1 Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F2 Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

Commencement Information

I1 S. 55 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

56 Notifying persons of accepted application E+W+S

(1) Subsections (2), (6) and (7) apply where the Commission accepts an application for an order granting development consent.

(2) The applicant must give notice of the application to—

(a) such persons as may be prescribed,

[F3 (aa) the Marine Management Organisation, in any case where 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 (2A),]

(b) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 102(5),

(c) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London, and

(d) each person who is within one or more of the categories set out in section 57.

[F4 (2A) 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.]

(3) Notice under subsection (2) must be in such form and contain such matter, and be given in such manner, as may be prescribed.

(4) The applicant must, when giving notice to a person under subsection (2), notify the person of the deadline for receipt by the Commission of representations giving notice of the person's interest in, or objection to, the application.

(5) A deadline notified under subsection (4) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice.

(6) The applicant must make available, to each person to whom notice is given under subsection (2), a copy of—

(a) the application, and

(b) the documents and information that were required by section 37(3)(d) to accompany the application.

(7) The applicant must publicise the application in the prescribed manner.

(8) Regulations made for the purposes of subsection (7) must, in particular, make provision for publicity under subsection (7) to include a deadline for receipt by the Commission of representations giving notice of persons' interests in, or objections to, the application.

(9) A deadline specified in accordance with subsection (8) does not apply to a person to whom notice is given under subsection (2).

Textual Amendments

F3 S. 56(2)(aa) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F4 S. 56(2A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(5)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

Commencement Information

I2 S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 241

I3 S. 56 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

57 Categories for purposes of section 56(2)(d) E+W+S

(1) A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.

(2) A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—

(a) is interested in the land, or

(b) has power—

(i) to sell and convey the land, or

(ii) to release the land.

(3) An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.

(4) A person is within Category 3 if the applicant thinks that, if the order sought by the application were to be made and fully implemented, the person would or might be entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of use of the land once the order has been implemented,

to make a relevant claim.

This is subject to subsection (5).

(5) A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.

(6) In subsection (4) “relevant claim” means—

(a) a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);

(b) a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works).

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

Commencement Information

I4 S. 57 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

58 Certifying compliance with section 56 E+W+S

(1) Subsection (2) applies where—

(a) the Commission has accepted an application for an order granting development consent, and

(b) the applicant has complied with section 56 in relation to the application.

(2) The applicant must, in such form and manner as may be prescribed, certify to the Commission that the applicant has complied with section 56 in relation to the application.

(3) A person commits an offence if the person issues a certificate which—

(a) purports to be a certificate under subsection (2), and

(b) contains a statement which the person knows to be false or misleading in a material particular.

(4) A person commits an offence if the person recklessly issues a certificate which—

(a) purports to be a certificate under subsection (2), and

(b) contains a statement which is false or misleading in a material particular.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A magistrates' court may try an information relating to an offence under this section whenever laid.

(7) Section 127 of the Magistrates' Courts Act 1980 (c. 43) has effect subject to subsection (6) of this section.

Commencement Information

I5 S. 58 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

59 Notice of persons interested in land to which compulsory acquisition request relates E+W+S

(1) This section applies where—

(a) the Commission has accepted an application for an order granting development consent, and

(b) the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).

(2) The applicant must give to the Commission a notice specifying the names, and such other information as may be prescribed, of each affected person.

(3) Notice under subsection (2) must be given in such form and manner as may be prescribed.

(4) A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.

Commencement Information

I6 S. 59 partly in force; s. 59 in force for certain purposes at Royal Assent see s. 241

I7 S. 59 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

60 Local impact reports E+W+S

(1) Subsection (2) applies where the Commission—

(a) has accepted an application for an order granting development consent, and

(b) has received—

(i) a certificate under section 58(2) in relation to the application, and

(ii) where section 59 applies, a notice under that section in relation to the application.

(2) The Commission must give notice in writing to each of the following, inviting them to submit a local impact report to it—

(a) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 102(5), and

(b) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.

(3) A “local impact report” is a report in writing giving details of the likely impact of the proposed development on the authority's area (or any part of that area).

(4) “The proposed development” is the development for which the application seeks development consent.

(5) A notice under subsection (2) must specify the deadline for receipt by the Commission of the local impact report.

Commencement Information

I8 S. 60 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

61 Initial choice of Panel or single Commissioner E+W+S

(1) Subsection (2) applies where the Commission—

(a) has accepted an application for an order granting development consent, and

(b) has received—

(i) a certificate under section 58(2) in relation to the application, and

(ii) where section 59 applies, a notice under that section in relation to the application.

(2) The person appointed to chair the Commission must decide whether the application—

(a) is to be handled by a Panel under Chapter 2, or

(b) is to be handled by a single Commissioner under Chapter 3.

(3) A person making a decision under subsection (2) must have regard to any guidance issued by the Secretary of State as to which applications to the Commission for orders granting development consent are to be handled by a Panel under Chapter 2 and which by a single Commissioner under Chapter 3.

(4) Before making a decision under subsection (2), the person making the decision must consult—

(a) the other Commissioners who, for the purpose of responding to consultation about the decision, are members of the Council,

(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and

(c) the chief executive of the Commission.

(5) In making a decision under subsection (2), the person making the decision must have regard to any views expressed—

(a) by any of the other Commissioners, or

(b) by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under Chapter 2 or by a single Commissioner under Chapter 3.

Commencement Information

I9 S. 61 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

62 Switching from single Commissioner to Panel E+W+S

(1) Subsection (2) applies where an application for an order granting development consent is being handled by a single Commissioner under Chapter 3.

(2) The person appointed to chair the Commission may decide that the application should instead be handled by a Panel under Chapter 2.

(3) A person making a decision under subsection (2) must have regard to any guidance issued by the Secretary of State as to which applications are to be handled by a Panel under Chapter 2 and which by a single Commissioner under Chapter 3.

(4) Before making a decision under subsection (2), the person making the decision must consult—

(a) the other Commissioners who, for the purpose of responding to consultation about the decision, are members of the Council,

(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and

(c) the chief executive of the Commission.

(5) In making a decision under subsection (2), the person making the decision must have regard to any views expressed—

(a) by any of the other Commissioners, or

(b) by the chief executive of the Commission,

as to whether the application concerned should be handled by a Panel under Chapter 2 instead of by a single Commissioner under Chapter 3.

Commencement Information

I10 S. 62 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

63 Delegation of functions by person appointed to chair Commission E+W+S

(1) Subsections (2) and (3) apply to any function conferred or imposed by this Part on the person appointed to chair the Commission (“the chair”).

(2) The chair may delegate the function to a person appointed as a deputy to the chair (a “deputy”), subject to subsections (5) to (10).

(3) If at any time there is (apart from this subsection) no-one who is able and available to carry out the function, each deputy may carry out the function.

(4) A function delegated under subsection (2) may be delegated to such extent and on such terms as the chair determines.

(5) Where the chair is a member of a Panel under Chapter 2, the chair's function under section 66(5)(a) in relation to the chair's membership of the Panel is not exercisable by the chair but is exercisable by each deputy.

(6) Where the chair is the lead member of a Panel under Chapter 2, the chair's function under section 66(5)(b) in relation to the chair's holding of the office of lead member of that Panel is not exercisable by the chair but is exercisable by each deputy.

(7) Where the chair is the single Commissioner appointed to handle an application under Chapter 3, the chair's function under section 80(3) in relation to the chair's holding of the office of single Commissioner in relation to that application is not exercisable by the chair but is exercisable by each deputy.

(8) Where a deputy is a member of a Panel under Chapter 2, the chair's function under section 66(5)(a) in relation to that deputy's membership of the Panel may not be delegated under subsection (2) to that deputy.

(9) Where a deputy is the lead member of a Panel under Chapter 2, the chair's function under section 66(5)(b) in relation to that deputy's holding of the office of lead member of that Panel may not be delegated under subsection (2) to that deputy.

(10) Where a deputy is the single Commissioner appointed to handle an application under Chapter 3, the chair's function under section 80(3) in relation to that deputy's holding of the office of single Commissioner in relation to that application may not be delegated under subsection (2) to that deputy.

Commencement Information

I11 S. 63 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)