The Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995

Directions by the Secretary of State

5.—(1) Any person on whom a regulation 4 notice is served may apply to the Secretary of State for his direction on any matter stated in the notice.

(2) An application under paragraph (1) shall be accompanied by—

(a) a copy of the regulation 4 notice;

(b) a copy of the enforcement notice which accompanied it; and

(c) such other information or representations as the applicant may wish to provide or make.

(3) The applicant shall send to the authority by whom the regulation 4 notice was served, at such time as he applies to the Secretary of State, a copy of the application under this regulation and of any information or representations provided or made in accordance with paragraph (2)(c).

(4) If the Secretary of State considers that the information provided in accordance with paragraph (2) is insufficient to enable him to give a direction, he shall notify the applicant and the authority of the matters in respect of which he requires further information; and the information so requested shall be provided by the applicant within such reasonable period as may be specified in the notice.

(5) The Secretary of State shall send a copy of his direction to the applicant and to the authority; and where he concludes that the matters which are alleged to constitute the breach of planning control comprise or include unauthorised development he shall send with the copy of the direction a written statement of the reasons for his conclusion.

(6) Without prejudice to paragraph (5), where the Secretary of State directs that the matters which are alleged to constitute the breach of planning control do not comprise or include unauthorised development, he shall send a copy of the direction to every person to whom a copy of the regulation 4 notice was sent.