Planning Act 2008

107 Timetable for decisions E+W+S

(1) The decision-maker is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning with the day after the start day.

(2) The start day is—

(a) in a case where a Panel is the decision-maker, the deadline for the completion of its examination of the application under section 98;

(b) in a case where the Council is the decision-maker, the deadline for the completion of the single Commissioner's examination of the application under section 98;

(c) in a case where the Secretary of State is the decision-maker by virtue of section 103(1), the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(2)(b);

(d) in a case where the Secretary of State is the decision-maker by virtue of section 113(2)(b), the deadline for the completion of the Secretary of State's examination of the application under section 113(2)(a).

(3) The appropriate authority may set a date for the deadline under subsection (1) that is later than the date for the time being set.

(4) The appropriate authority is—

(a) in a case where a Panel or the Council is the decision-maker, the person appointed to chair the Commission;

(b) in a case where the Secretary of State is the decision-maker, the Secretary of State.

(5) The power under subsection (3) may be exercised—

(a) more than once in relation to the same deadline;

(b) after the date for the time being set for the deadline.

(6) Where the power under subsection (3) is exercised other than by the Secretary of State—

(a) the person exercising the power must notify the Secretary of State of what has been done and of the reasons for doing it, and

(b) the Commission's report under paragraph 17 of Schedule 1 for the financial year in which the power is exercised must mention and explain what has been done.

(7) Where the power under subsection (3) is exercised by the Secretary of State, the Secretary of State must—

(a) notify each interested party of what has been done and of the reasons for doing it, and

(b) lay before Parliament a report explaining what has been done.

(8) A report under subsection (7)(b) must be published in such form and manner as the Secretary of State thinks appropriate.

(9) “Interested party” means a person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).

Commencement Information

I1 S. 107 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)