xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIIE+W Control over development

Modifications etc. (not altering text)

C1Pt. 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)

C4Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Secretary of State’s powers as respects planning applications and decisionsE+W

[F178AAppeal 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) [F2or (aa)] 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 [F3to grant an application mentioned in section 78(1)(a)] 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).]

Textual Amendments

F1S. 78A inserted (6.8.2004 for specified purposes, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 50(1), s. 121(1)-(3) (with ss. 50(3), 111); S.I. 2004/2097, art. 2; S.I. 2015/340, art. 2(b)