SCHEDULE 4 Determination of certain appeals by person appointed by Secretary of State
Determination of appeals by Secretary of State
3
(1)
The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.
(2)
Such a direction shall state the reasons for which it is given and shall be served on the appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 38(2) and, if any person has been appointed under paragraph 1, on him.
(3)
Where in consequence of such a direction an appeal falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.
F1(4)
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F1(5)
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F1(6)
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(7)
In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.
4
(1)
The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.
(2)
Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 38(2).
(3)
Where such a further direction has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.
(4)
Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.