1. In section 78, for subsections (1) to (5) substitute—E+W
“(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.
[F1(2) A person who wishes to appeal under subsection (1) shall give notice of appeal to the Secretary of State by—
(a)serving on the Secretary of State—
(i)before the date on which the discontinuance notice is due to take effect under regulation 8(4), taking into account where appropriate of any extension of time under regulation 8(6), of those Regulations; or
(ii)such longer period as the Secretary of State may allow,
a completed appeal form, obtained from the Secretary of State; and
(b)serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable.]
(3) [F2The appeal form mentioned in subsection (2)(a)] shall be accompanied by a copy of each of the following documents—
(a)the discontinuance notice;
(b)any notice of variation; and
(c)any relevant correspondence with the authority.
F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F1Words in Sch. 4 Pt. 5 para. 1 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(a) (with reg. 5(4))
F2Words in Sch. 4 Pt. 5 para. 1 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(b) (with reg. 5(4))
F3Words in Sch. 4 Pt. 5 para. 1 omitted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(c) (with reg. 5(4))