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Town and Country Planning Act 1990

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2(1)An appointed person shall have the same powers and duties—E+W

(a)in relation to an appeal under section 78, as the Secretary of State has under [F1subsections (1), (4) and (6A)] of section 79;

[F2(aa)in relation to an appeal under section 106B, as he has under that section]

(b)in relation to an appeal under section 174, as he has under sections 176(1), (2) [F3to (2A)]and (5) and 177(1) to (4);

(c)in relation to an appeal under section 195, as he has under subsections (2) and (3) of that section F4. . .;

(d)in relation to an appeal under section 208, as he has under subsections (7) [F5to (8A)] of that section.

[F6(e)in relation to an appeal under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991, as the Secretary of State has under paragraph 6(1) and (3) of that Schedule.]

(2)Sections 79(2) [F7106B(4)], 175(3), 196(1) and 208(5) [F8of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991] shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3)If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4)If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

[F9(5)Sub-paragraph (2) does not apply—

(a)in the case of an appeal to which section 319A applies; or

(b)in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.]

(6)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7)Except as provided by Part XII, the validity of that decision shall not be questioned in any proceedings whatsoever.

(8)It shall not be a ground of application to the High Court under section 288, or of appeal to the High Court under section 289 F10. . ., that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(9)Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies or to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

[F11(10)Sub-paragraph (9) does not apply to references to the Secretary of State in section 319A (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Sch. 6 para. 2(1)(e) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(3)(a), 241 (with s. 226); S.I. 2009/400, art. 5

F8Words in Sch. 6 para. 2(2) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 198(3)(b), 241 (with s. 226); S.I. 2009/400, art. 5

F9Sch. 6 para. 2(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(2) (with s. 226); S.I. 2009/400, art. 3

F11Sch. 6 para. 2(10) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(3) (with s. 226); S.I. 2009/400, art. 3

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