Town and Country Planning Act 1990

F1 322 Orders as to costs of parties where no local inquiry held. E+W

(1) This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.

[F2 (1A) This section also applies to proceedings under this Act to which section 319A applies.]

F3 (1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (1B) Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry.

(1C) In its application for that purpose, section 250(4) of that Act has effect as if—

(a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

(1D) Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.]

(2) The Secretary of State has the same power to make orders under section 250(5) of the M1 Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings [F5 in England] to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

Textual Amendments

F1 S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F2 S. 322(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 10 (with s. 226); S.I. 2009/400, art. 3

F3 S. 322(1AA) omitted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 13(2); S.I. 2016/52, art. 4(a) (with art. 17)

F4 S. 322(1B)-(1D) inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(2), 35(1); S.I. 2013/2143, art. 2(b)

F5 Words in s. 322(2) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 13(3); S.I. 2016/52, art. 4(a) (with art. 17)

Modifications etc. (not altering text)

C1 S. 322 amendment to earlier affecting provision 1990 c. 10, s. 37 (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 28

C2 S. 322 amendment to earlier affecting provision 1990 c. 9, s. 89(1) (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 21

C3 S. 322 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3

S. 322 applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.

S. 322: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

Commencement Information

I1 S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3) thus bringing s. 322 partially into force)

Marginal Citations

M1 1972 c. 70.