35B Directions disapplying requirement for development consent
(1) The Secretary of State may give a direction that development consent is not required for development specified in the direction.
This is subject to subsections (2) and (4).
(2) The Secretary of State may give a direction only if—
(a) the Secretary of State considers that it is appropriate for an alternative consenting regime to apply in relation to the development, rather than this Act,
(b) no application for an order granting development consent for the development has been made, and
(c) the development will (when completed) be wholly in one or more of the areas specified in subsection (3).
(3) The areas are—
(a) England or waters adjacent to England up to the seaward limits of the territorial sea;
(b) in the case of development that is or forms part of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(4) The Secretary of State may give a direction only if—
(a) the conditions in subsection (5) are satisfied,
(b) the conditions in subsection (6) are satisfied,
(c) the Secretary of State is the person who proposes to carry out the development, or
(d) the Secretary of State considers that the appropriate alternative consenting regime for the development is that under section 59 of TCPA 1990 (development orders).
(5) The conditions referred to in subsection (4)(a) are that—
(a) the Secretary of State receives a written request for a direction from a qualifying person,
(b) the request specifies the development to which it relates,
(c) the request identifies the appropriate alternative consenting regime for the development,
(d) the request explains why the person making the request considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and
(e) the request includes evidence showing that the alternative consenting authority is aware of the intention to request a direction specifying the development.
(6) The conditions referred to in subsection (4)(b) are that—
(a) the Secretary of State receives a written request for a direction from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme,
(b) the request specifies the development to which it relates, and
(c) the request indicates that the person making the request considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view.
(7) The condition in subsection (2)(b) is to be regarded as met in relation to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force.
(8) For the purposes of this section—
(a) an “alternative consenting regime” for development means a regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and
(b) the person referred to in paragraph (a) is the “alternative consenting authority” in relation to that regime.
(9) In this section—
“direction” means a direction under subsection (1);
“legislation” means an Act or an instrument made under an Act;
“local development order” has the meaning given in section 61A of TCPA 1990;
“Mayoral development order” has the meaning given in section 61DA of TCPA 1990;
“qualifying person” means—
a person who proposes to carry out any of the development to which the request relates;
a person who, if a direction were given specifying the development, proposes to apply to an alternative consenting authority in relation to the development;
“simplified planning zone scheme” has the same meaning as in TCPA 1990 (see section 82 of that Act).
(1) In this section “direction” means a direction under section 35B(1).
(2) Subsection (3) applies if—
(a) the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and
(b) a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates.
(3) The direction may include provision—
(a) for the proposed application to be treated as a proposed application to a specified alternative consenting authority;
(b) for specified provisions of legislation governing an alternative consenting regime—
(i) to have effect in relation to the proposed application with any specified modifications;
(ii) to be treated as having been complied with in relation to the proposed application.
(4) In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application.
(5) If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request.
(6) The Secretary of State must publish a direction.
(7) In this section, the following expressions have the same meaning as in section 35B—
“alternative consenting authority”,
“alternative consenting regime”, and
“legislation”.
35D Timetable for deciding request for direction under section 35B
(1) The Secretary of State may by regulations—
(a) make provision about time limits for decisions about whether to give directions under section 35B(1) following qualifying requests (including provision for the extension of any prescribed period in prescribed circumstances);
(b) make provision for and in connection with the provision of information to the Secretary of State for the purposes of such decisions.
(2) In this section “qualifying request” means a request in relation to which the conditions in section 35B(5) or (6) are satisfied.
37 Applications for orders granting development consent
(1) An order granting development consent may be made only if an application is made for it.
(2) An application for an order granting development consent must be made to the Secretary of State.
(3) An application for an order granting development consent must , so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory—
(a) specify the development to which it relates,
(b) be made in the prescribed form, and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) be accompanied by documents and information of a prescribed description.
(3A) The documents and information prescribed under subsection (3)(d) may include documents and information demonstrating how any biodiversity gain objective in a biodiversity gain statement under Schedule 2A having effect in relation to the development is to be met.
(4) The Secretary of State may give guidance about how the requirements under subsection (3) are to be complied with.
(5) The Secretary of State may set standards for—
(a) the preparation of a document required by subsection (3)(d);
(b) the coverage in such a document of a matter falling to be dealt with in it;
(c) all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).
(6) The Secretary of State must publish, in such manner as the Secretary of State thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State is to maintain a register of applications received by the Secretary of State for orders granting development consent (“the register”).
(2) Where the Secretary of State receives an application for an order granting development consent, the Secretary of State must cause details of the application to be entered in the register.
(3) The Secretary of State must publish the register or make arrangements for inspection of the register by the public.
(4) The Secretary of State must make arrangements for inspection by the public of—
(a) applications received by the Secretary of State for orders granting development consent, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) accompanying documents and information received by the Secretary of State under section 37(3)(d).
40 Applications by the Crown for orders granting development consent
(1) This section applies to an application for an order granting development consent made by or on behalf of the Crown.
(2) The Secretary of State may by regulations modify or exclude any statutory provision relating to—
(a) the procedure to be followed before such an application is made;
(b) the making of such an application;
(c) the decision-making process for such an application.
(3) A statutory provision is a provision contained in or having effect under this Act or any other enactment.
(1) This Chapter applies where a person (“the applicant”) proposes to make an application for an order granting development consent (and “applicants” is to be construed accordingly).
(2) In the following provisions of this Chapter—
“the proposed application” means the proposed application mentioned in subsection (1);
“the land” means the land to which the proposed application relates or any part of that land;
“the proposed development” means the development for which the proposed application (if made) would seek development consent.
46 Duty to notify Secretary of State and others of proposed application
(1) The applicant must supply to the Secretary of State—
(a) the information specified in subsection (1C), and
(b) such further information as may be prescribed.
(1A) The applicant must supply to each host local authority—
(a) the information specified in subsection (1C), and
(b) such further information as may be prescribed.
(1B) In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—
(a) the information specified in subsection (1C), and
(b) such further information as may be prescribed.
(1C) The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows—
(a) the applicant’s name and address,
(b) a statement that the applicant intends to apply for an order granting development consent,
(c) a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and
(d) a summary of the proposed application, specifying the location or route of the proposed development.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A local authority is a “host local authority” if the land is in the authority’s area.
(4) In this section “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;
(g) a National Park authority;
(h) the Broads Authority.
(5) The areas referred to in subsection (1B) 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.
(1) Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 48.
(2) The Secretary of State must issue guidance to assist applicants, setting out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.
(1) This section applies to advice about—
(a) applying for an order granting development consent;
(b) making representations about an application, or a proposed application, for such an order.
(3) The Secretary of State may by regulations make provision about the giving of advice to which this section applies.
(4) In particular, regulations under subsection (3) may make provision that has the effect that—
(a) a request for advice made by an applicant, potential applicant or other person, or
(b) advice given to an applicant, potential applicant or other person,
must be, or may be, disclosed by the Secretary of State to other persons or to the public generally.
(1) Where a person is applying, or proposes to apply, for an order granting development consent, subsections (2) and (2A) apply for the purpose of enabling the person (“the applicant”) to comply with regulations made under section 37 or with provisions of, or made under, Chapter 1 of Part 6.
(2) The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is one or more of the following—
(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b) a person interested in the land;
(c) a person having power—
(i) to sell and convey the land, or
(ii) to release the land.
(2A) The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, 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 the use of the land once the order has been implemented,
to make a relevant claim.
(3) The persons are—
(a) an occupier of the land;
(b) a person who has an interest in the land as freeholder, mortgagee or lessee;
(c) a person who directly or indirectly receives rent for the land;
(d) a person who, in pursuance of an agreement between that person and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
(4) A notice under subsection (2) or (2A) must—
(a) be in writing,
(b) state that the Secretary of State has authorised the applicant to serve the notice,
(c) specify or describe the land to which the application, or proposed application, relates,
(d) specify the deadline by which the recipient must give the required information to the applicant, and
(e) draw attention to the provisions in subsections (6) to (9).
(5) A deadline specified under subsection (4)(d) in a notice must not be earlier than the end of the 14 days beginning with the day after the day on which the notice is served on the recipient of the notice.
(5A) A notice under subsection (2A) must explain the circumstances in which a person would or might be entitled as mentioned in that subsection.
(6) A person commits an offence if the person fails without reasonable excuse to comply with a notice under subsection (2) or (2A) served on the person.
(7) A person commits an offence if, in response to a notice under subsection (2) or (2A) served on the person—
(a) the person gives information which is false in a material particular, and
(b) when the person does so, the person knows or ought reasonably to know that the information is false.
(8) If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body,
(b) a person purporting to act in any such capacity, or
(c) in a case where the affairs of the body are managed by its members, a member of the body,
that person, as well as the body, is guilty of that offence and liable to be proceeded against accordingly.
(9) 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.
(10) In subsections (2) to (3) “the land” means—
(a) the land to which the application, or proposed application, relates, or
(b) any part of that land.
(11) Any other expression that appears in either of paragraphs (b) and (c) of subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.
(12) In subsection (3) as it applies for the purposes of subsection (2A) “the land” also includes any relevant affected land (see subsection (13)).
(13) Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons 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 the use of the land once the order has been implemented,
to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (12).
(14) In this section “relevant claim” means—
(a) a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);
(b) a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);
(c) a claim under section 152(3).
(1) An authorised person may at any reasonable time enter any land for the purpose of surveying and taking levels of it, or in order to facilitate compliance with the provisions mentioned in subsection (1A), in connection with—
(a) an application for an order granting development consent, whether in relation to that or any other land, that has been accepted by the Secretary of State,
(b) a proposed application for an order granting development consent, or
(c) an order granting development consent that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it.
(1A) Those provisions are any provision of or made under an Act for the purpose of implementing—
(a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,
(b) Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or
(c) any EU instrument from time to time replacing all or any part of either of those Directives.
(1B) In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of—
(a) a person who has made an application for an order granting development consent that has been accepted by the Secretary of State,
(b) a person who proposes to make an application for an order granting development consent, or
(c) a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subject to subsections (9) and (10), power conferred by subsection (1) to survey land includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it.
(3A) Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—
(a) water,
(b) air,
(c) soil or rock,
(d) its flora,
(e) bodily excretions, or dead bodies, of non-human creatures, or
(f) any non-living thing present as a result of human action.
(4) A person acting in the exercise of a power of entry onto any land conferred under subsection (1)—
(a) must, if so required, produce evidence of the person's authority, and state the purpose of the person's entry, before so entering, and
(b) may not demand admission as of right to the land unless 14 days' notice of the intended entry has been given to every owner or occupier of the land, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) Notice given in accordance with subsection (4)(b) must include prescribed information.
(4B) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied—
(a) that another person has prevented or is likely to prevent the exercise of that power, and
(b) that it is reasonable to use force in the exercise of that power.
(4C) The force that may be authorised by a warrant is limited to that which is reasonably necessary.
(4D) A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land.
(4E) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required.
(4F) Any evidence in proceedings for a warrant must be given on oath.
(5) A person commits an offence if the person wilfully obstructs a person acting in the exercise of power under subsection (1).
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where any damage is caused to land or chattels—
(a) in the exercise of a right of entry conferred under subsection (1), or
(b) in the making of any survey for the purpose of which any such right of entry has been conferred,
compensation may be recovered by any person suffering the damage from the person exercising the right of entry.
(8) Any question of disputed compensation under subsection (7) must be referred to and determined by the Upper Tribunal.
(8A) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.
(9) No person may carry out under subsection (1) any works authorised by virtue of subsection (3) unless notice of the person's intention to do so was included in the notice required by subsection (4)(b).
(10) The authority of the appropriate Minister is required for the carrying out under subsection (1) of works authorised by virtue of subsection (3) if—
(a) the land in question is held by statutory undertakers, and
(b) they object to the proposed works on the ground that execution of the works would be seriously detrimental to the carrying-on of their undertaking.
(11) In subsection (10)—
“the appropriate Minister” means—
in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and
in any other case, the Secretary of State;
“statutory undertakers” means persons who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.
(1) Subsections (1) to (3A) of section 53 apply to Crown land subject to subsections (2) and (3) of this section.
(2) A person must not enter Crown land unless the person (“P”) has the permission of—
(a) a person appearing to P to be entitled to give it, or
(b) the appropriate Crown authority.
(3) In section 53(3), the words “Subject to subsections (9) and (10)” must be ignored.
(4) Subsections (4) to (6) and (9) to (11) of section 53 do not apply to anything done by virtue of subsections (1) to (3) of this section.
54A Power to provide for fees for certain services in relation to nationally significant infrastructure projects
(1) The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services.
(2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided in connection with—
(a) an application or proposed application—
(i) for an order granting development consent, or
(ii) to make a change to, or revoke, such an order, or
(b) any other prescribed matter relating to nationally significant infrastructure projects.
(3) The regulations under subsection (1) may in particular make provision—
(a) about when a fee (including a supplementary fee) may, and may not, be charged;
(b) about the amount which may be charged;
(c) about what may, and may not, be taken into account in calculating the amount charged;
(d) about who is liable to pay a fee charged;
(e) about when a fee charged is payable;
(f) about the recovery of fees charged;
(g) about waiver, reduction or repayment of fees;
(h) about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
(i) for the supply of information for any purpose of the regulations;
(j) conferring a function, including a function involving the exercise of a discretion, on any person.
(4) A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.
(5) In this section, “public authority” means any person certain of whose functions are of a public nature.
(1) The following provisions of this section apply where the Secretary of State receives an application that purports to be an application for an order granting development consent.
(2) The Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which the Secretary of State receives the application, decide whether or not to accept the application.
(3) The Secretary of State may accept the application only if the Secretary of State concludes—
(a) that it is an application for an order granting development consent,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) that development consent is required for any of the development to which the application relates,
(ca) that the applicant has complied with section 46 (duty to notify Secretary of State and others of proposed application), and
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.
(4) The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must take into account—
(a) the extent to which the application complies with section 37(3) (form and contents of application),
(b) the extent to which any applicable guidance under section 37(4) has been followed in relation to the application,
(c) the extent to which the application complies with any standards set under section 37(5) (standards for documents etc accompanying application),
(d) the applicant’s approach to satisfying section 48 (duty to publicise), and
(e) the extent to which the applicant has had regard to any advice given under section 51 in connection with the application (or the proposed application that has become the application).
(4A) In considering the matter in subsection (4)(d), the Secretary of State must take into account the extent to which the applicant has had regard to any guidance under section 50(1).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State must notify the applicant of the decision under subsection (2).
(7) If the Secretary of State decides under subsection (2) not to accept the application, the Secretary of State must—
(a) prepare a statement of the Secretary of State’s reasons for that decision,
(b) provide a copy of the statement to the applicant, and
(c) publish the statement in such form and manner as the Secretary of State thinks appropriate.
(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.
(1) Subsections (2), (6) and (7) apply where the Secretary of State 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,
(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 local authority that is within section 56A,
(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.
(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 Secretary of State 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 Secretary of State 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).
56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)
(1) A local authority is within this section if the land is in the authority's area.
(2) A local authority (“A”) is within this section if—
(a) the land is in the area of another local authority (“B”),
(b) B is a unitary council or a lower-tier district council, and
(c) any part of the boundary of A's area is also a part of the boundary of B's area.
(3) If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—
(a) D is not a lower-tier district council, and
(b) any part of the boundary of D's area is also part of the boundary of C's area.
(4) In this section—
“the land” means the land to which the application concerned relates or any part of that land;
“local authority” has the meaning given in section 102(8);
“lower-tier district council” means a district council in England for an area for which there is a county council;
“unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
“upper-tier county council” means a county council in England for each part of whose area there is a district council.
(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);
(c) a claim under section 152(3).
(7) In this section “the land” means the land to which the application relates or any part of that land.
(1) Subsection (2) applies where—
(a) the Secretary of State 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 Secretary of State 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.
59 Notice of persons interested in land to which compulsory acquisition request relates
(1) This section applies where—
(a) the Secretary of State 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 Secretary of State 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.
(1) Subsection (2) applies where the Secretary of State —
(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 Secretary of State must give notice in writing to each of the following, inviting them to submit a local impact report to the Secretary of State —
(a) each local authority that is within section 56A, 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 Secretary of State of the local impact report.
(6) In preparing a local impact report, an authority must have regard to any relevant guidance issued by the Secretary of State.
(7) But that duty does not apply to an authority for an area that is in Scotland.
61 Initial choice of Panel or single appointed person
(1) Subsection (2) applies where the Secretary of State has accepted an application for an order granting development consent.
(2) The Secretary of State 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 appointed person under Chapter 3.
(3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).
62 Switching from single appointed person to Panel
(1) Subsection (2) applies where an application for an order granting development consent is being handled by a single appointed person under Chapter 3.
(2) The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.
(3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).
64 Panel for each application to be handled under this Chapter
(1) This Chapter applies where—
(a) the Secretary of State accepts an application for an order granting development consent, and
(b) under section 61(2) or 62(2), it is decided that the application is to be handled by a Panel under this Chapter.
(2) There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the application.
65 Appointment of members, and lead member, of Panel
(1) The Secretary of State must appoint—
(a) two, three, four or five persons to be members of the Panel, and
(b) one of those persons to chair the Panel.
(2) In this Chapter “the lead member” means the person who for the time being is appointed to chair the Panel.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The person appointed to be the lead member ceases to hold that office if the person ceases to be a member of the Panel.
(3) A person may resign from membership of the Panel by giving notice in writing to the Secretary of State.
(4) The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the Secretary of State.
(5) The Secretary of State—
(a) may remove a person (“the Panel member”) from membership of the Panel if the Secretary of State is satisfied that the Panel member is unable, unwilling or unfit to perform the duties of Panel membership;
(b) may remove the lead member from that office, without also removing the lead member from membership of the Panel, if the Secretary of State is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.
(1) Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).
(2) The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.
(3) If at any time the Panel has only ... a single member, it is the duty of the Secretary of State to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least two members.
(4) A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subsection (2) applies where a person ceases to hold the office of lead member.
(2) The Secretary of State must appoint a member of the Panel to chair the Panel.
(3) A person may be appointed under subsection (2) even though that person was not a member of the Panel when the vacancy arose.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .