3 Application
1 These Regulations apply where, after they come into force, a person giving notice of appeal to the Secretary of State under section 36 of the Act (“the appellant”) informs the Secretary of State in the notice that he wishes the appeal to be disposed of on the basis of written representations and other documents.
Section 36 was amended by paragraph 4(2) of Schedule 15 to the Local Government, Planning and Land Act 1980 (c. 65) and by section 34 of, and paragraph 3 of Schedule 1 to, the Town and Country Planning (Minerals) Act 1981 (c. 36).
2 Where an appeal under section 36 of the Act is being disposed of otherwise than on the basis of written representations and other documents and the appellant and the local planning authority inform the Secretary of State that they wish it to be disposed of on that basis, these Regulations thereafter apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
3 These Regulations cease to apply as respects proceedings if the Secretary of State informs the appellant and the local planning authority that he will afford to them an opportunity of appearing before and being heard by a person appointed by him for the purpose.
4 In this regulation references to section 36 of the Act include a reference to that section as applied by section 37.
section 37 was amended by paragraph 4(3) of Schedule 15 to the Local Government, Planning and Land Act 1980.