[F193IAppeals against completion noticesE+W
(1)Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)—
(a)the owner of the land,
(b)a person not within paragraph (a) with an interest in the land, and
(c)a person who occupies the land by virtue of a licence.
(2)An appeal may be brought on any of the following grounds—
(a)that the appellant considers that the development will be completed within a reasonable period;
(b)that the completion notice deadline is an unreasonable one;
(c)that the notice was not served on the persons on whom it was required to be served under section 93H(5).
(3)The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section.
(4)The regulations may in particular include provision—
(a)as to the period within which an appeal must be brought;
(b)as to how an appeal is made;
(c)as to the information to be supplied by the appellant;
(d)as to how a local planning authority must respond to an appeal and the information to be supplied by the authority;
(e)for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development.
(5)On an appeal under this section the Secretary of State may—
(a)quash the completion notice,
(b)vary the completion notice by substituting a later completion notice deadline, or
(c)uphold the notice with the original completion notice deadline.
(6)On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority.
(7)If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact.
(8)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.]
Textual Amendments
F1Ss. 93H-93J and cross-heading inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 112(2), 255(3) (with ss. 112(4)(5), 247)