5(1)This paragraph applies if—E+W
(a)before the relevant date the local planning authority have notified the developer in pursuance of the arrangements that they do not find the development acceptable, and
(b)the matter has been referred to but not decided by the Secretary of State.
(2)This paragraph also applies if—
(a)before the relevant date the local planning authority have notified the developer in pursuance of the arrangements that they find the development acceptable subject to conditions, and
(b)the matter has been referred to but not decided by the Secretary of State.
(3)The Secretary of State must deal with the proposal as if it is an appeal by an applicant for planning permission under section 78 of the principal Act.
Commencement Information
I1Sch. 4 para. 5 in force at 7.6.2006 by S.I. 2006/1281, art. 2(d)