Planning (Listed Buildings and Conservation Areas) Act 1990

Powers and duties of appointed person E+W

2 (1) An appointed person shall have the same powers and duties— E+W

(a) in relation to an appeal under section 20, as the Secretary of State has under subsection (1) of section 22 and paragraph 2 of Schedule 1;

[F1 (aa) in relation to an appeal under section 26K, as the Secretary of State has under section 26K(4) to (6);] and

(b) in relation to an appeal under section 39, as he has under section 41(1), (2) [F2 (2A)], (5) or (6) and paragraph 2 of Schedule 1.

(2) Sections 22(2) and 40(2) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3) If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

[F3 (4B) Sub-paragraph (2) does not apply in the case of an appeal to which section 88E applies.]

(5) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(6) Except as provided by sections 62 to 65, the validity of that decision shall not be questioned in any proceedings whatsoever.

(7) It shall not be a ground of application to the High Court under section 63, or of appeal to the High Court under section 65, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(8) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating—

(a) to an appeal under section 20 [F4 , 26K] or 39, or

(b) to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal,

then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

[F5 (10) Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 88E (determination of procedure for certain proceedings: Wales).]

Textual Amendments

F1 Sch. 3 para. 2(1)(aa) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 19(3); S.I. 2014/416, art. 3(e)

F2 Word in Sch. 3 para. 2(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para.28; S.I. 1991/2905, art.3

F3 Sch. 3 para. 2(4B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 23(2)(a)

F4 Word in Sch. 3 para. 2(8)(a) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 19(2); S.I. 2014/416, art. 3(e)

F5 Sch. 3 para. 2(10) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 23(2)(b)