Section 89 Examining authority's decisions about how application is to be examinedI1

England, Wales and Scotland

(1)

The Examining authority must in the light of F1the assessment under section 88(1) and the discussion at the meeting held under section 88(2) make such procedural decisions as the Examining authority thinks appropriate.

(2)

The decisions required by subsection (1) may be made at or after the meeting.

F2(2A)

Upon making the decisions required by subsection (1), the Examining authority must inform each person mentioned in section 88(3)(c) and (d)—

(a)

of those decisions, and

(b)

that the person may notify the Examining authority in writing that the person is to become an interested party.

(3)

The Examining authority may make procedural decisions otherwise than as required by subsection (1), and may do so at any time before or after the meeting.

(4)

The Examining authority must inform each interested party of any procedural decision made by the Examining authority.

(5)

In this section “procedural decision” means a decision about how the application is to be examined.

Annotations

Textual amendments

F1: Words in s. 89(1) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 9(1), 118(1)(c) (with ss. 9(3), 116); S.I. 2026/641, reg. 3(f)
F2: S. 89(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement

I1: S. 89 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)