[F188DDetermination of procedure for certain proceedingsE+W
(1)The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2)A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
(a)at a local inquiry;
(b)at a hearing;
(c)on the basis of representations in writing.
(3)The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5)The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
(6)The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
(7)This section applies to—
(a)an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority in England;
(b)an appeal under section 20 against a decision of a local planning authority in England; and
(c)an appeal under section 39 against a listed building enforcement notice issued by a local planning authority in England.
(8)The Secretary of State may by order amend subsection (7) to—
(a)add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or
(b)otherwise modify the descriptions of proceedings under this Act to which this section applies.
(9)An order under subsection (8) may—
(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;
(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.]
Textual Amendments
F1S. 88D inserted (6.4.2009 for specified purposes, otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196(2), 241(8) (with s. 226); S.I. 2009/400, art. 3(j)