C7C8C9C10C11C12C13C14C15 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C7

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C10

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

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

C2C3C4C5C6C16C17C18C19C20C21C2278C1 Right to appeal against planning decisions and failure to take such decisions.

1

Where a local planning authority—

a

refuse an application for planning permission or grant it subject to conditions;

b

refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or

c

refuse an application for any approval of that authority required under a development order F8, a local development order or a neighbourhood development order or grant it subject to conditions,

the applicant may by notice appeal to the Secretary of State.

2

A person who has made such an application F9to the local planning authority may also appeal to the Secretary of State if the local planning authority have F1done none of the following—

a

given notice to the applicant of their decision on the application;

F2aa

given notice to the applicant that they have exercised their power under section 70A F3or 70BF7or 70C to decline to determine the application;

b

given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,

within such period as may be prescribed by the development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

3

Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order.

4

The time prescribed for the service of such a notice must not be less than—

a

28 days from the date of notification of the decision; or

b

in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

F44A

A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.

4B

The power to make a development order under subsection (4A) is exercisable by—

a

the Secretary of State, in relation to England;

b

the Welsh Ministers, in relation to Wales.

4C

Section 333(5) does not apply in relation to a development order under subsection (4A) made by the Welsh Ministers.

4D

A development order under subsection (4A) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

5

For the purposes of the application of sections F579(1) and (3), 253(2)(c), 266(1)(b) F6, 288(10)(b) and 319A(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.