SCHEDULE 4MODIFICATIONS OF THE ACT

PART 5MODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)

2

In section 79—

a

for subsection (1) substitute—

1

Where an appeal is brought in respect of a discontinuance notice the Secretary of State may—

a

allow or dismiss the appeal, or

b

subject to subsection (1A)—

i

correct any defect, error or misdescription in the discontinuance notice; or

ii

reverse or vary any part of the notice (whether the appeal relates to that part of it or not),

and deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.

1A

The Secretary of State may take any action mentioned in subsection (1)(b) only if he is satisfied that the correction, reversal or variation will not cause injustice to the appellant or the local planning authority.

F1aa

omit subsections (2) and (3);

b

for subsection (4) substitute—

4

On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination including, where appropriate, directions for quashing the discontinuance notice or for varying its terms.

c

omit subsection (6); and

d

in subsection (6A), after the word “appeal”, the first time it appears, insert “ in respect of a discontinuance notice ”.