- Latest available (Revised)
- Original (As enacted)
Planning and Compulsory Purchase Act 2004, Section 59 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies for the purposes of this Part.
(2)An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State [F1or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State] .
[F2(2A)An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers.]
(3)In the case of a decision document issued by an inspector any other inspector may act under this Part.
(4)A decision document is a document which records any of the following decisions—
(a)a decision of any description which constitutes action on the part of the Secretary of State under section 284(3) of the principal Act (decisions which are not to be questioned in legal proceedings);
(b)a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices);
(c)a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees);
(d)a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings);
(e)a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices);
(f)a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings);
(g)a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State);
(h)a decision under any of the planning Acts which is of a description specified by the Secretary of State by order.
(5)A correctable error is an error—
(a)which is contained in any part of the decision document which records the decision, but
(b)which is not part of any reasons given for the decision.
(6)The applicant is—
(a)in the case of a decision made on an application under any of the planning Acts, the person who made the application;
(b)in the case of a decision made on an appeal under any of those Acts, the appellant.
(7)The owner in relation to land is a person who—
(a)is the estate owner in respect of the fee simple;
(b)is entitled to a tenancy granted or extended for a term of years simple of which not less than seven years remain unexpired;
(c)is entitled to an interest in any mineral prescribed by a development order, in the case of such applications under the principal Act as are so prescribed.
(8)Error includes omission.
(9)For the purposes of the exercise of any function under this Part in relation to Wales references to the Secretary of State must be construed as references to the National Assembly for Wales.
Textual Amendments
F1Words in s. 59(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 12; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2
F2S. 59(2A) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 2; S.I. 2016/52, art. 3(d)
Commencement Information
I1S. 59 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2
I2S. 59 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: