C1Part III General
Miscellaneous provisions
88DF1Determination of procedure for certain proceedings
1
The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
2
A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
a
at a local inquiry;
b
at a hearing;
c
on the basis of representations in writing.
3
The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
4
A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
5
The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
6
The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
7
This section applies to—
a
an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority in England;
b
an appeal under section 20 against a decision of a local planning authority in England; and
c
an appeal under section 39 against a listed building enforcement notice issued by a local planning authority in England.
8
The Secretary of State may by order amend subsection (7) to—
a
add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or
b
otherwise modify the descriptions of proceedings under this Act to which this section applies.
9
An order under subsection (8) may—
a
contain incidental, supplementary, consequential, transitional and transitory provision and savings;
b
amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
Part III modified and extended (17.7.1992) by S.I. 1992/1732, art.2