Housing and Planning Act 2016

23 (1) Section 79 (determination of appeals) is amended as follows. E+W

(2) In subsection (4)—

(a) for “subsection (2), the provisions of sections” substitute “subsection (2)—

(a) sections”;

(b) after “under section 78” insert “ in respect of an application within section 78(1)(a), (b) or (c) ”;

(c) for “local planning authority and” substitute “local planning authority;

(b) section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;

and ”.

(3) After subsection (6) insert—

“(6ZA) If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.”

Commencement Information

I1 Sch. 12 para. 23 in force at 13.7.2016 by S.I. 2016/733, reg. 3(d)