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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
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as designated persons, the setting of performance standards, and how conflicts of interest and the
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investigation of complaints are dealt with.
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