Part III Control over development

Secretary of State’s powers as respects planning applications and decisions

77 Reference of applications to Secretary of State.

(1)

The Secretary of State may give directions requiring applications for planning permission F1or permission in principle, or for the approval of any local planning authority required under a development order F2, a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.

(2)

A direction under this section—

(a)

may be given either to a particular local planning authority or to local planning authorities generally; and

(b)

may relate either to a particular application or to applications of a class specified in the direction.

(3)

Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4)

Subject to F3subsection (5)—

(a)

where an application for planning permission is referred to the Secretary of State under this section, sections F470, 72(1) and (5), 73 and 73A shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the F5local planning authority;

(b)

where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;

and F6a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71.

(5)

Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)

Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.

F7(6A)

Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.

(7)

The decision of the Secretary of State on any application referred to him under this section shall be final.