C1C2Part III General Planning Control

Annotations:
Modifications etc. (not altering text)
C2

Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Secretary of State’s powers in relation to planning applications and decisions

32 Reference of applications to Secretary of State.

C31

The Secretary of State may give directions requiring, F2any such application as is mentioned in section 23(2) of this Act, to be referred to him instead of being dealt with by. . . F3 planning authorities.

C32

a direction under this section—

a

may be given either to a particular. . . F3 planning authority or to. . . F3 planning authorities generally; and

b

may relate either to a particular application or to applications of a class specified in the direction.

C33

Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

C34

Subject to subsection (5) of this section, where an application. . . F4 is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections F526(1) to (3A),, F527(1), 27A, 28A and 29 shall apply, with any necessary modifications, as they apply to an application. . . F4 which falls to be determined by the. . . F3 planning authority F6and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act..

C35

Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F3 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

6

The decision of the Secretary of State on any application referred to him under this section shall be final.

F77

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