Amendment to the 1992 Regulations
2.—(1) The 1992 Regulations are amended as follows.
(2) In regulation 15 (appeals to the Secretary of State) omit paragraph (2).
(3) In Schedule 4, Part 3 is amended as follows—
(a)in paragraph 1(a) for “paragraphs (a), (b) and (c)” substitute “paragraphs (a), (aa), (b) and (c)”;
(b)in paragraph 1(c)—
(i)in the substituted subsection (3A) after “subsection (3) shall” insert “, in the case of an appeal against the refusal of express consent,”; and
(ii)after the substituted subsection (3A) insert—
“(3B) The notice mentioned in subsection (3) must, in the case of an appeal against the grant of express consent which is granted subject to conditions or an appeal under subsection (2), be accompanied by a copy of each of the documents mentioned in subsection (3A)(a) to (d) and a full statement of case.”;
(c)for paragraph 1(d) substitute—
“(d)for subsection (4) substitute the following subsections—
“(4) The appellant must, in the case of an appeal against the refusal of express consent, serve on the local planning authority, as soon as reasonably practicable, a copy of the notice mentioned in subsection (3).
(4ZA) The appellant must, in the case of an appeal against the grant of express consent which is granted subject to conditions or an appeal under subsection (2), serve on the local planning authority, as soon as reasonably practicable, a copy of—
(a)the notice mentioned in subsection (3); and
(b)the full statement of case.””;
(d)after paragraph 1(d) insert—
“(da)omit subsections (4A) to (4BB);”;
(e)after paragraph 1(e) insert—
“(f)after subsection (5) insert—
“(6) In this section “full statement of case” means and is comprised of a written statement containing full particulars of the case the appellant proposes to put forward in relation to the appeal and copies of any supporting documents the appellant proposes to refer to or put in evidence.”.”;
(f)for paragraph 2(b) substitute—
“(b)omit subsections (1A) to (4);”;
(g)after paragraph 2(d) insert—
“(da)omit subsection (6ZA);”.
(4) Omit Part 4 of Schedule 4.
(5) In Schedule 4, Part 5 is amended as follows—
(a)in paragraph 1—
(i)at the end of the substituted subsection (2)(b) omit “and”;
(ii)after the substituted subsection (2)(c) insert—
“and
(d)a full statement of case.”;
(iii)for the substituted subsection (3) substitute—
“(3) The appellant must serve on the local planning authority, as soon as reasonably practicable, a copy of—
(a)the notice of appeal mentioned in subsection (2); and
(b)the full statement of case.”;
(iv)after the substituted subsection (3) insert—
“(4) In this section “full statement of case” means and is comprised of a written statement containing full particulars of the case the appellant proposes to put forward in relation to the appeal and copies of any supporting documents the appellant proposes to refer to or put in evidence.”;
(b)after paragraph 2(a) insert—
“(aa)omit subsections (1A) to (3A);”;
(c)for paragraph 2(c) substitute—
“(c)omit subsections (6) and (6ZA);”.