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Changes over time for: Section 78A


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 22/06/2015
Status:
Point in time view as at 01/10/2011. This version of this provision has been superseded.

Status
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Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Town and Country Planning Act 1990, Section 78A is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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[78AAppeal made: functions of local planning authoritiesE+W
(1)This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).
(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a)the appeal must be treated as an appeal under section 78(1) against the refusal;
(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
(b)to revise the grounds of the appeal;
(c)to change any option the person has chosen relating to the procedure for the appeal.
(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).]
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