The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc) is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development to which the request relates.
The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed description) is exercisable only in response to a qualifying request made by one or more of the following—
If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may—
A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or generally.
A direction under subsection (3) may provide for specified provisions of or made under this or any other Act—
If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed application, to the Secretary of State instead of dealing with it themselves.
If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary of State has decided whether to give the direction.
The Secretary of State may require an authority within subsection (9) to provide any information required by the Secretary of State for the purpose of enabling the Secretary of State to decide—
An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2) in relation to the development has been, or may be, made to it.
If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the decision.
In this section—
"qualifying request" means a written request, for a direction under section 35(1) or subsection (3) of this section, that—
(a)specifies the development to which it relates, and
(b)explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;
"relevant authority"—
(a)in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the authority to which the application was made, and
(b)in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.