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Environment Act 1995, Paragraph 9 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F19(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.E+W
(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, F2. . ., apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
(4)F2. . ., 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.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)
F2Words in Sch. 14 para. 9(3)(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
F3Sch. 14 para. 9(5)-(7) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
Modifications etc. (not altering text)
C1Sch. 14 para. 9(1) modified (W.) (8.1.2010) by The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342), regs. 1(2), 45
C2Sch. 14 para. 9(1) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(a)
C3Sch. 14 para. 9(1) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(a) (with reg. 52(2)(3), 59)
C4Sch. 14 para. 9(1) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(a) (with regs. 1(4), 55(2)(3), 63, 65)
C5Sch. 14 para. 9(1) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(a) (with regs. 47, 70)
C6Sch. 14 para. 9(2) modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 50(5)(b)
C7Sch. 14 para. 9(2) modified (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 7 para. 8(6)(b) (with reg. 52(2)(3), 59)
C8Sch. 14 para. 9(2) modified (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 55(5)(b) (with regs. 47, 70)
C9Sch. 14 para. 9(2) modified (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 8 para. 8(6)(b) (with regs. 1(4), 55(2)(3), 63, 65)
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
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