Planning Act 2008 Explanatory Notes

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 9, Chapter 2: Other changes to existing planning regimes

Section 196 and Schedule 10: Determination of procedure for certain proceedings

314. The purpose of section 196 is to require the Secretary of State to determine the procedure by which certain proceedings under TCPA 1990, the Listed Buildings Act and the Hazardous Substances Act should be considered. The procedure could be a local inquiry, a hearing or written representations, as the Secretary of State considers appropriate. The Secretary of State must make the determination within the prescribed period, notify the appellant/applicant and local planning authority of which procedure has been selected, and publish the criteria that are to be applied in determining the appeal method.

315. Schedule 10 contains amendments to TCPA 1990, the Listed Buildings Act and the Hazardous Substances Act that are consequential on the new provisions inserted by section 196.