Planning (Listed Buildings and Conservation Areas) Act 1990

F3 [F1 88D [F2 Determination of procedure for certain proceedings: England] E+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 [F4 such one or more of the following ways as appear] to the Secretary of State to be F5 ... 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—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.]

Textual Amendments

F1 S. 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)

F2 S. 88D heading substituted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), arts. 1(2), 2(2)

F3 S. 88D inserted (6.4.2009 for E.W. for specified purposes, 25.4.2024 for specified purposes) by Planning Act 2008 (c. 29), ss. 196(2), 241(8) (with s. 226); S.I. 2009/400, art. 3(j) (with art. 6(2)); S.I. 2024/452, reg. 2(a)

F4 Words in s. 88D(2) substituted (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 20(2)(a), 25(3)(c)

F5 Word in s. 88D(2) omitted (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 20(2)(b), 25(3)(c)

F6 S. 88D(9)(a) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(5)(a), 255(3)(a) (with s. 247)

Modifications etc. (not altering text)

C1 S. 88D applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 6 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)