34 Appeal in default of planning decision. S
Where [F1any such application as is mentioned in section 33(1) of this Act is made to a planning authority], then unless within such period as may be prescribed by [F2regulations under this Act or a development order], or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . F3 planning authority, the. . . F3 planning authority F4. . . —
(a)give notice to the applicant of their decision on the application; or
[F5(ab)give notice to the applicant that they have exercised their power under section 26A of this Act to decline to determine the application; or]
(b)give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,
the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . F3 planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by [F2regulations under this Act or a development order], or at the end of the said extended period, as the case may be.
Textual Amendments
F1Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 12
F2Words in s. 34 substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, Sch. 13, para.12 (with s. 84(5)); S.I. 1991/2092, art.3
F3Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F4Word in s. 34 omitted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 47(2)(a) (with s. 84(5)); S.I. 1991/2092, art.3.
F5S. 34(ab) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 47(2)(b) (with 84(5)); S.I. 1991/2092, art.3.
Modifications etc. (not altering text)
C1S. 34 modified by S.I. 1988/1221, reg. 20(4)