Planning Act 2008

Chapter 3E+W+SThe [F1single-appointed-person] procedure

The single [F2appointed person] E+W+S

78Single [F3appointed person] to handle applicationE+W+S

(1)This Chapter applies where—

(a)the [F4Secretary of State] accepts an application for an order granting development consent, and

(b)under section 61(2), it is decided that the application is to be handled by a single [F5appointed person] under this Chapter.

(2)In this Chapter “the single [F6appointed person]” means the person who is appointed to handle the application under this Chapter.

[F779Appointment of single appointed personE+W+S

The Secretary of State must appoint a person to handle the application.]

80Ceasing to be the single [F8appointed person] E+W+S

F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person may resign from being the single [F10appointed person] by giving notice in writing to the [F11Secretary of State].

(3)The [F12Secretary of State] may remove a person (“the appointee”) from being the single [F13appointed person] [F14if the Secretary of State] is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single [F13appointed person].

F1581Single Commissioner continuing though ceasing to be CommissionerE+W+S

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82Appointment of replacement single [F16appointed person] E+W+S

(1)Where a person ceases to be the single [F16appointed person], a new appointment of a person to handle the application must be made under section 79.

(2)Where that happens, the new single [F16appointed person] may, so far as may be appropriate, decide to treat things done by or in relation to any previous single [F16appointed person] as done by or in relation to the new single [F16appointed person].

(3)Where the single [F16appointed person] makes a decision under subsection (2), the single [F16appointed person] is under a duty to acquire the necessary knowledge of the previous proceedings on the application.

Single [F17appointed person]’s role in relation to applicationE+W+S

83Single [F18appointed person] to examine and report on applicationE+W+S

(1)The single [F19appointed person] has the functions of—

(a)examining the application, and

(b)making a report [F20to the Secretary of State] on the application setting out—

(i)the single [F19appointed person]’s findings and conclusions in respect of the application, and

(ii)the single [F19appointed person]’s recommendation as to the decision to be made on the application.

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The single [F22appointed person]’s functions under subsection (1) are to be carried out in accordance with Chapter 4.

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F2484Report from single Commissioner to be referred to CouncilE+W+S

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F2485Decisions made by the Council on the applicationE+W+S

(1)This section applies to decisions made by the Council in deciding the application.

(2)At least five members of the Council must participate in making a decision.

(3)The making of a decision requires the agreement of a majority of the members of the Council who are participating in making it.

(4)The person chairing the Council has a second (or casting) vote in the event that the number of members of the Council agreeing to a proposed decision is the same as the number of members not so agreeing.