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To move the following Clause—
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“Regulations under section (Processing of planning applications by alternative
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(1)
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Regulations under section (Processing of planning applications by alternative
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providers) may make provision—
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(a)
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requiring a designated person to process a planning application, except in
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specified circumstances, if chosen to do so by an applicant;
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(b)
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allowing a responsible planning authority to take over the processing of
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a planning application from a designated person in specified
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(2)
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The regulations may make provision about—
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(a)
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eligibility to act as a designated person;
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(b)
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the capacity of a local planning authority to act as a designated person;
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(c)
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actions to be taken or procedures to be followed—
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(i)
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by persons making planning applications,
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(ii)
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by designated persons, or
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(iii)
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by responsible planning authorities,
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and periods within which the actions or procedures are to be taken or
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(d)
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matters to be considered by designated persons or responsible planning
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(e)
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performance standards for designated persons;
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(f)
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the investigation of complaints or concerns about designated persons;
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(g)
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the circumstances in which, and the extent to which, any advice provided
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by a designated person to a person making a planning application is
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(i)
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on the responsible planning authority, or
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(ii)
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on designated persons other than the one providing the advice;
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(h)
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cases where a person ceases to be a designated person or where a
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designated person is unable to continue processing a planning
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(3)
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The provision that may be made under subsection (2)(c) includes provision
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requiring a designated person to provide assistance to the responsible planning
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authority in connection with—
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(a)
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any appeal against the authority’s determination of the application;
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(b)
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any application to the court made in relation to that determination.
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(4)
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The provision that may be made under subsection (2)(f) includes—
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(a)
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provision about the payment of compensation;
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(b)
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provision for a designated person to be required to indemnify the
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responsible authority for any compensation that the authority is required
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(c)
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provision applying anything in Part 3 of the Local Government Act 1974
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(local government administration) with or without modifications.
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(5)
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The regulations may confer powers on the Mayor of London or the Secretary of
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State in cases where a direction is given under section 2A or 77 of the Town and
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Country Planning Act 1990 (“call-in” directions).”
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Member’s explanatory statement
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This new clause provides that regulations under NC43 may provide for various matters including
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the actions and procedures to be followed during the pilot schemes, the eligibility of persons to act
as designated persons, the setting of performance standards, and how conflicts of interest and the
investigation of complaints are dealt with.
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