Health Services Act 1976

15 Planning permission for works requiring authorisation. E+W+S

(1) This section applies to works that consist of, or include, controlled works.

(2) An application made after the coming into force of this Part of this Act for planning permission for works to which this section applies shall be of no effect unless it is accompanied by a copy of an authorisation in force for all of those works in the planning area or district concerned for which an authorisation is required.

(3) Where at the time when this Part of this Act comes into force—

(a) an application for planning permission made on or after 12th April 1976 is pending, or any appeal to the Secretary of State connected with such an application is pending, or the time within which such an appeal may be begun has not expired; and

(b) if the application had been made after the coming into force of this Part of this Act it would have been of no effect by virtue of subsection (2) above,

the application shall be of no effect, or as the case may be the appeal shall be stayed or sisted or not begun, until the authority to which the application was made is furnished with the document which would under subsection (2) above have been required to accompany the application if it had been made after the coming into force of this Part of this Act.

(4) Where by virtue of the preceding subsection a prohibition imposed by that subsection on the beginning of an appeal ceases to be so imposed, the appeal may be begun during a period which begins with the cesser and is equal to so much of the time within which the appeal could have been begun apart from the prohibition as was unexpired when the prohibition was so imposed.

(5) In this section:—

• “local planning authority” has the same meaning as in the M1 Town and Country Planning Act 1971;

• “planning authority” has the same meaning as in the M2 Town and Country Planning (Scotland) Act 1972;

• “planning permission” has the same meaning as in the said Act of 1971 or 1972, as the case may be;

• “the planning area or district concerned” means, in England and Wales, the area of the local planning authority or, in Scotland, the district of the planning authority, as the case may be.

(6) Subsection (3) of section 12 above shall apply in relation to subsection (2) above as it applies in relation to subsection (1) of that section.

Marginal Citations

M1 1971 c. 78.

M2 1972 c. 52.