SCHEDULES

SCHEDULE 3Examination of applications by Secretary of State

1Examination of matters by Commission: procedure

1

This paragraph applies if—

a

the Secretary of State gives a direction under section 112(1) in relation to an application, and

b

for the purpose of the examination of the application under section 113(2)(a), the Secretary of State gives a direction under section 113(3)(a) for specified matters to be examined by the Commission.

2

The Commission must secure that—

a

an examination of the specified matters is conducted by a Panel or a single Commissioner, and

b

a report is made by the Panel or Commissioner to the Secretary of State setting out the Panel or Commissioner’s findings and conclusions on those matters.

3

The Panel or single Commissioner must—

a

complete the examination under sub-paragraph (2)(a) by the end of the period specified by the Secretary of State, and

b

report under sub-paragraph (2)(b) by the end of the period specified by the Secretary of State.

4

The Secretary of State may direct that things done in connection with the examination of the application under Chapter 2 or 3 of Part 6 are to be treated as done in connection with the examination under sub-paragraph (2)(a).

5

The following provisions of Part 6 apply in relation to the specified matters as if for references to an application for an order granting development consent there were substituted references to the specified matters —

a

in Chapter 1, sections 61(2) to (5), 62 and 63;

b

in Chapter 2, sections 64 (except subsection (1)(a)), 65 to 73, 74(2) to (4) and 75 to 77;

c

in Chapter 3, sections 78 (except subsection (1)(a)), 79 to 82 and 83 (except subsection (2)(a));

d

in Chapter 4, sections 86 to 97 and 99 to 102.

6

As applied by sub-paragraph (5), those provisions apply—

a

with any necessary modifications, and

b

with such other modifications as may be prescribed.