9(1)Where on an application under paragraph 6 above the mineral planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.
(2)An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
(3)Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
(4)As respects England and Wales, sections 284 to 288 of the 1990 Act shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—
(a)on an appeal under sub-paragraph (1) above; or
(b)on an application under paragraph 6 above referred to him under paragraph 8 above.
(5)Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
(6)As respects Scotland, sections 231 to 233 of the 1972 Act shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—
(a)on an appeal under sub-paragraph (1) above; or
(b)on an application under paragraph 6 above referred to him under paragraph 8 above.
(7)As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals under sub-paragraph (1) above.
Commencement Information
I1Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2