The Town and Country Planning (Control of Advertisements) Regulations 1989

1.  In section 36 of the Act–

(a) in subsection (1), for the words from “for planning permission” to “permission, consent, agreement or approval,” substitute “for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 and”;

(b) for subsection (2), substitute the following subsections:–

“(2) Notice of appeal shall be given in writing to the Secretary of State within 8 weeks from the date of receipt of notification of the local planning authority’s decision, or such longer period as the Secretary of State may at any time allow, and the notice shall be accompanied by a copy of each of the following documents:–

(a) the application made to the local planning authority;

(b) all relevant plans and particulars submitted to them;

(c) the notice of decision; and

(d) all other relevant correspondence with the authority.

(2A) Where an appeal is brought under this section, the Secretary of State may require the applicant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the applicant and the local planning authority, determine the appeal without complying with subsection (4) of this section.”;

(c) after subsection (3), insert–

“(3A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than five years as he considers expedient, having regard to regulation 4 of the Regulations and to any period specified in the application for consent.”;

(d) subsection (5) shall be omitted;

(e) at the end of subsection (6), add the words “and shall otherwise have effect as if it were a decision of the local planning authority”;

(f) in subsection (7), for the words from “in respect of an application for planning permission” to “planning permission for that development”, substitute the words “in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent”.