Part 6Deciding applications for orders granting development consent

Chapter 3The F1single-appointed-person procedure

Annotations:
Amendments (Textual)
F1

Words in Pt. 6 Ch. 3 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(6); S.I. 2012/628, art. 7(a)

The single F4appointed person

Annotations:
Amendments (Textual)
F4

Words in s. 78 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)

I178Single F3appointed person to handle application

1

This Chapter applies where—

a

the F8Secretary 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 F9appointed person under this Chapter.

2

In this Chapter “the single F10appointed person” means the person who is appointed to handle the application under this Chapter.

79F11Appointment of single appointed person

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

I280Ceasing to be the single F7appointed person

F121

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2

A person may resign from being the single F13appointed person by giving notice in writing to the F14Secretary of State.

3

The F15Secretary of State may remove a person (“the appointee”) from being the single F16appointed personF17if the Secretary of State is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single F16appointed person.

F1881Single Commissioner continuing though ceasing to be Commissioner

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I382Appointment of replacement single F19appointed person

1

Where a person ceases to be the single F19appointed person, a new appointment of a person to handle the application must be made under section 79.

2

Where that happens, the new single F19appointed person may, so far as may be appropriate, decide to treat things done by or in relation to any previous single F19appointed person as done by or in relation to the new single F19appointed person.

3

Where the single F19appointed person makes a decision under subsection (2), the single F19appointed person is under a duty to acquire the necessary knowledge of the previous proceedings on the application.

Single F5appointed person’s role in relation to application

Annotations:
Amendments (Textual)
F5

Words in s. 83 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

I483Single F6appointed person to examine and report on application

1

The single F20appointed person has the functions of—

a

examining the application, and

b

making a report F21to the Secretary of State on the application setting out—

i

the single F20appointed person’s findings and conclusions in respect of the application, and

ii

the single F20appointed person’s recommendation as to the decision to be made on the application.

F222

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3

The single F24appointed person’s functions under subsection (1) are to be carried out in accordance with Chapter 4.

F234

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F284Report from single Commissioner to be referred to Council

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F285Decisions made by the Council on the application

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.