50Appeal made: functions of local planning authorityE+W
(1)In the principal Act after section 78 (right to appeal) there is inserted the following section—
“78AAppeal made: functions of local planning authorities
(1)This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).
(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a)the appeal must be treated as an appeal under section 78(1) against the refusal;
(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
(b)to revise the grounds of the appeal;
(c)to change any option the person has chosen relating to the procedure for the appeal.
(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).”
(2)In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—
“20AAppeal made: functions of local planning authorities
(1)This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).
(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).
(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a)the appeal must be treated as an appeal under section 20(1) against the refusal;
(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a)to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;
(b)to revise the grounds of the appeal;
(c)to change any option the person has chosen relating to the procedure for the appeal.
(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6)The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).”
(3)This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.
(4)The following are relevant applications—
(a)an application mentioned in section 78(1)(a) of the principal Act;
(b)an application mentioned in section 20(1)(a) of the listed buildings Act;
(c)an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).
Commencement Information
I1S. 50 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2