- Latest available (Revised)
- Point in Time (06/04/2012)
- Original (As enacted)
Version Superseded: 30/04/2012
Point in time view as at 06/04/2012.
Planning Act 2008, Cross Heading: Town and Country Planning Act 1990 (c. 8) is up to date with all changes known to be in force on or before 02 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1U.K.TCPA 1990 is amended as follows.
Commencement Information
I1Sch. 11 para. 1 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
2U.K.In section 78 (appeals against planning decisions and failure to take planning decisions) after subsection (4) insert—
“(4A)A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.
(4B)The power to make a development order under subsection (4A) is exercisable by—
(a)the Secretary of State, in relation to England;
(b)the Welsh Ministers, in relation to Wales.
(4C)Section 333(5) does not apply in relation to a development order under subsection (4A) made by the Welsh Ministers.
(4D)A development order under subsection (4A) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”
Commencement Information
I2Sch. 11 para. 2 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
3U.K.In section 195 (appeals against refusal or failure to give decision on application under section 191 or 192) before subsection (2) insert—
“(1B)A notice of appeal under this section must be—
(a)served within such time and in such manner as may be prescribed by a development order;
(b)accompanied by such information as may be prescribed by such an order.
(1C)The time prescribed for the service of a notice of appeal under this section must not be less than—
(a)28 days from the date of notification of the decision on the application; or
(b)in the case of an appeal under subsection (1)(b), 28 days from—
(i)the end of the period prescribed as mentioned in subsection (1)(b), or
(ii)as the case may be, the extended period mentioned in subsection (1)(b).
(1D)The power to make a development order under subsection (1B) is exercisable by—
(a)the Secretary of State, in relation to England;
(b)the Welsh Ministers, in relation to Wales.
(1E)Section 333(5) does not apply in relation to a development order under subsection (1B) made by the Welsh Ministers.
(1F)A development order under subsection (1B) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”
Commencement Information
I3Sch. 11 para. 3 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
4(1)Section 208 (appeals against notices under section 207) is amended as follows.U.K.
(2)For subsection (4) substitute—
“(4)The notice shall—
(a)indicate the grounds of the appeal,
(b)state the facts on which the appeal is based, and
(c)be accompanied by such information as may be prescribed.
(4A)The power to make regulations under subsection (4)(c) is exercisable by—
(a)the Secretary of State, in relation to England;
(b)the Welsh Ministers, in relation to Wales.
(4B)Section 333(3) does not apply in relation to regulations under subsection (4)(c) made by the Welsh Ministers.
(4C)Regulations under subsection (4)(c) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.”
(3)In subsection (5) for “any such appeal” substitute “ an appeal under subsection (1) ”.
Commencement Information
I4Sch. 11 para. 4 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
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 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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: