Town and Country Planning Act 1990

81 Provisions supplementary to s. 80. E+W

(1) Before giving a direction under section 80 the Secretary of State shall give notice in writing of his proposed direction—

(a) to the local planning authority to whose decision that direction relates, and

(b) to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.

(2) If so required by the local planning authority or by any such person, the Secretary of State shall give each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

(3) In giving any direction under section 80, the Secretary of State shall have regard—

(a) to the provisions of the development plan for the area in which the land in question is situated (in so far as those provisions are material to the development of that land); and

(b) to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land; and

(c) to any other material considerations.

(4) Where the Secretary of State gives a direction under section 80, he shall give notice of the direction—

(a) to the local planning authority to whose decision the direction relates; and

(b) to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.