Crossrail Act 2008

Appeals U.K.

30 (1) Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part 2 or 3 (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15 or 21), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and to the authority whose decision is appealed against within 42 days of notification of the decision. U.K.

(2) On an appeal under this paragraph, the appropriate Ministers may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.

(3) Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—

(a) of its decision on the request, or

(b) that the request has been referred to the appropriate Ministers in accordance with directions under paragraph 28,

this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.

(4) For the purposes of sub-paragraph (3), the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may be agreed upon in writing between the authority and the nominated undertaker.

(5) The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) in connection with the payment of fees by means of cheque.

(6) An agreement under sub-paragraph (4) may be made after, as well as before, the end of the appropriate period.

(7) No agreement may be made under sub-paragraph (4) to extend a period after it has ended if the nominated undertaker has given notice of appeal against the refusal which is deemed under sub-paragraph (3) to have occurred because of the ending of the period.

(8) Where an agreement under sub-paragraph (4) to extend a period is made after the period has ended, sub-paragraph (3) shall be treated as not having applied when the period ended.

(9) In this paragraph, “prescribed” means prescribed by regulations made by the appropriate Ministers.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)

31 U.K. No appeal under section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 30.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)

32 (1) Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 30 shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose. U.K.

(2) The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) at any time before the determination of the appeal.

(3) A direction under sub-paragraph (1) or (2) shall be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4) At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke his appointment and appoint another person to determine the appeal instead.

(5) Where the function of determining an appeal under paragraph 30 is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6) If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)

33 U.K. The decision of the person appointed under paragraph 32, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 30 shall be final.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)

34 (1) An appeal under paragraph 30 shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise. U.K.

(2) Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 30.

(3) Regulations under sub-paragraph (2) may, in particular—

(a) make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b) empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c) empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, 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.

(4) Regulations under sub-paragraph (2) may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a)—

(a) prescribe the time limit in regulations, or

(b) enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)

35 (1) Regulations under paragraph 30 or 34 may make different provision for different cases. U.K.

(2) The power to make regulations under paragraph 30 or 34 shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 28-37 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 7 paras. 26-35 applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 paras. 1(c), 3(3)(4)