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Planning Act 2008
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- 2008 c. 29
- Part 6
- Chapter 1
- Section 55
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- s. 55 words substituted by 2011 c. 20 Sch. 13 para. 13(1)(2)
- s. 55(2) words substituted by 2011 c. 20 Sch. 13 para. 13(1)(3)
- s. 55(3)(b) repealed by 2011 c. 20 s. 137(2) Sch. 25 Pt. 21
- s. 55(3)(d) repealed by 2011 c. 20 s. 137(2) Sch. 25 Pt. 21
- s. 55(3)(f) and word inserted by 2011 c. 20 s. 137(3)
- s. 55(4) words substituted by 2011 c. 20 Sch. 13 para. 13(1)(3)
- s. 55(5) text amended by 2009 c. 23 s. 23(4)
- s. 55(5A) inserted by 2011 c. 20 s. 137(4)
- s. 55(6) words substituted by 2011 c. 20 Sch. 13 para. 13(1)(3)
- s. 55(7) words substituted by 2011 c. 20 Sch. 13 para. 13(1)para. 13(4)(a)
- s. 55(7)(b) words substituted by 2011 c. 20 Sch. 13 para. 13(1)para. 13(4)(b)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act transfer of functions by S.I. 2012/1659 art. 2 Sch. 1
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6A 6B inserted by 2011 c. 20 s. 130(8)
- s. 35A inserted by 2011 c. 20 s. 132(1)(10)
- s. 56A inserted by 2011 c. 20 s. 138(3)
- s. 88A inserted by 2011 c. 20 s. 138(6)
- s. 95A inserted by 2011 c. 20 Sch. 13 para. 42
- s. 102A 102B inserted by 2011 c. 20 s. 138(9)
- s. 149A inserted by 2009 c. 23 Sch. 8 para. 4(2)
- s. 212A inserted by 2011 c. 20 s. 114(4)
- s. 216A 216B inserted by 2011 c. 20 s. 115(6)
Commencement Orders yet to be applied to the Planning Act 2008:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/1303 art. 2 commences (2008 c. 29)
- S.I. 2009/2260 art. 2 commences (2008 c. 29)
- S.I. 2009/2573 art. 2 commences (2008 c. 29)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
- S.I. 2011/705 art. 2 commences (2008 c. 29)
- S.I. 2011/2054 art. 2 commences (2008 c. 29)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/2169 art. 4 Sch. commences (2010 c. 29)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
Prospective
55Acceptance of applicationsE+W+S
This section has no associated Explanatory Notes
(1)The following provisions of this section apply where the Commission receives an application that purports to be an application for an order granting development consent.
(2)The Commission must, by the end of the period of 28 days beginning with the day after the day on which it receives the application, decide whether or not to accept the application.
(3)The Commission may accept the application only if the Commission concludes—
(a)that it is an application for an order granting development consent,
(b)that it complies with section 37(3) (form and contents of application) and with any standards set under section 37(5),
(c)that development consent is required for any of the development to which the application relates,
(d)that the application gives reasons for each respect in which any applicable guidance given under section 37(4) has not been followed in relation to it, and
(e)that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure).
(4)The Commission, when deciding whether it may reach the conclusion in subsection (3)(e), must have regard to—
(a)the consultation report received under section 37(3)(c),
(b)any adequacy of consultation representation received by it from a local authority consultee, and
(c)the extent to which the applicant has had regard to any guidance issued under section 50.
(5)In subsection (4)—
“local authority consultee” means—
(a)a local authority consulted under section 42(b) about a proposed application that has become the application, or
(b)the Greater London Authority if consulted under section 42(c) about that proposed application;
“adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.
(6)If the Commission accepts the application, it must notify the applicant of the acceptance.
(7)If the Commission is of the view that it cannot accept the application, it must—
(a)notify that view to the applicant, and
(b)notify the applicant of its reasons for that view.
(8)If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.
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