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The Town and Country Planning (General Development Procedure) Order 1995

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Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State

9.—(1) Articles 6 and 7 apply to any appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) as they apply to applications for planning permission.

(2) Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 8 in respect of an application for planning permission at the time the application is referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State), or any appeal to the Secretary of State is made under section 78 of the Act, article 8 shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.

(3) Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 8, they shall inform the Secretary of State that they have done so.

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