Planning Act 2008

PanelsE+W+S

64Panel for each application to be handled under this ChapterE+W+S

(1)This Chapter applies where—

(a)the [F1Secretary 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.

65Appointment of members, and lead member, of PanelE+W+S

[F2(1)The Secretary of State must appoint—

(a)[F3two,] 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.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66Ceasing to be member, or lead member, of PanelE+W+S

F5(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 [F6Secretary 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 [F7Secretary of State].

(5)The [F8Secretary of State]—

(a)may remove a person (“the Panel member”) from membership of the Panel if the [F9Secretary 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 [F10Secretary of State] is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.

F1167Panel member continuing though ceasing to be CommissionerE+W+S

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68Additional appointments to PanelE+W+S

(1)Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).

[F12(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 F13... a single member, it is the duty of the [F14Secretary of State] to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least [F15two] 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.

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69Replacement of lead member of PanelE+W+S

(1)Subsection (2) applies where a person ceases to hold the office of lead member.

(2)The [F17Secretary 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.

F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1970Membership of Panel where application relates to land in WalesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71Supplementary provision where Panel replaces single [F20appointed person] E+W+S

(1)Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).

(2)[F21An appointed person] —

(a)may be appointed under section 65(1)(a) or 68(2) as a member of the Panel, and

(b)if a member of the Panel, may be appointed under section 65(1)(b) or 69(2) to chair the Panel.

(3)The Panel may, so far as it thinks appropriate, decide to treat things done by or in relation to [F22an appointed person] in proceedings under Chapter 3 on the application as done by or in relation to the Panel.

(4)Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings under Chapter 3 on the application.

[F23(5)In this section “appointed person” means a person appointed to handle the application under Chapter 3.]

72Panel ceasing to have any membersE+W+S

(1)If the Panel ceases to have any members, a new Panel must be constituted under section 65(1).

(2)At times after the new Panel has been constituted (but subject to the further application of this subsection in the event that the new Panel ceases to have any members), references in this Chapter to the Panel are to be read as references to the new Panel.

(3)The new Panel may, so far as it thinks appropriate, decide to treat things—

(a)done by or in relation to a previous Panel appointed to handle the application, or

(b)treated under section 71(3) as done by or in relation to a previous Panel appointed to handle the application,

as done by or in relation to the new Panel.

(4)Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings on the application up until the reconstitution of the Panel.

(5)The power under section 68(2) is not exercisable at times when the Panel has no members.

73Consequences of changes in PanelE+W+S

(1)The Panel's continuing identity is to be taken not to be affected by—

(a)any change in the membership of the Panel;

(b)the Panel's coming to have only F24... a single member;

(c)any change in the lead member;

(d)a vacancy in that office.

(2)When there is a change in the membership of the Panel, the lead member is under a duty to ensure that the membership of the Panel after the change has the necessary knowledge of the proceedings on the application up until the change.

(3)Subsection (2) does not apply where the change occurs as a result of the Panel being reconstituted as required by section 72(1).