Town and Country Planning Act 1990

323 Procedure on certain appeals and applications. E+W

(1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under [F1 section 9 of the Tribunals and Inquiries Act 1992] apply.

[F2 (1A) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.]

[F3 (1B) The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319B, are to be considered on the basis of representations in writing.]

(2) [F4 Regulations under this section may] in particular make provision as to the procedure to be followed—

(a) where steps have been taken with a view to the holding of [F5 an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply] which does not take place, or

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3) [F4 Regulations under this section may] also—

(a) provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

(b) prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c) empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

(d) empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

[F6 (4) Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)—

(a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act;

(b) orders for costs may be made under section 250(5) of that Act as so applied.]

Textual Amendments

F1 Words in s. 323(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 26

F2 S. 323(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(2) (with s. 226); S.I. 2009/400, art. 3

F3 S. 323(1B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 11(2)

F4 Words in s. 323(2)(3) substituted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(3) (with s. 226); S.I. 2009/400, art. 3; and as amended (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 11(3)

F5 Words in s. 323(2)(a) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 12(4) (with s. 226); S.I. 2009/400, art. 3

F6 S. 323(4) inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(5), 35(1); S.I. 2013/2143, art. 2(b)

Modifications etc. (not altering text)

C1 S. 323 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

C2 S. 323: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C3 S. 323 amendment to earlier affecting provision 1990 c. 9, s. 89(1) (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 21

C4 S. 323 amendment to earlier affecting provision 1990 c. 10, s. 37 (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 28