C1C5C7C8C9C12C13C31C45C51C59 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

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)

C8

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

C3C4C6C10C11C55C17C42C23C48C19C54C36C40C49C24C58C27C53C18C34C44C56C35C25C22C29C33C50C14C46C16C38C57C15C47C39C32C26C43C52C37C20C2878C2 Right to appeal against planning decisions and failure to take such decisions.

C21C30C41C601

Where a local planning authority—

a

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

F12aa

refuse an application for permission in principle;

F14ab

refuse an application under section 74B (variation of condition relating to construction working hours);

F9ac

refuse an application under section 93B (extension of certain planning permissions in England: additional environmental approval);

F11ad

refuse an application under section 93F (outline planning permission: extension of limits for beginning development with additional environmental approval);

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 F13, 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 F15to 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 70BF10or 70CF18or 70D 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 F19or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations) 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 F20or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A.

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.

F164AA

An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

a

the land to which the application relates is in Wales,

b

granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

c

on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

4AB

An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

a

the land to which the application relates is in Wales,

b

an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

c

on the determination of that appeal, the condition was not discharged under section 177.

F74B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174BA

Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

4BB

A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.

F74C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

For the purposes of the application of sections F579(1) and (3), 253(2)(c), 266(1)(b) F6, 288(10)(b) F8, 319A(7)(b) and 319B(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.