Town and Country Planning Act 1990

175 Appeals: supplementary provisions. E+W

(1) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 174 and, in particular, but without prejudice to the generality of this subsection, may—

(a) require the local planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal;

(b) specify the matters to be included in such a statement;

(c) require the authority or the appellant to give such notice of such an appeal as may be prescribed;

(d) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it.

(2) The notice to be prescribed under subsection (1)(c) shall be such notice as in the opinion of the Secretary of State is likely to bring the appeal to the attention of persons in the locality in which the land to which the enforcement notice relates is situated.

(3) Subject to section 176(4), the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F1 (3A) Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in England.]

F1 (4) Where an appeal is brought under section 174 the enforcement notice shall [F2 subject to any order under section 289(4A)] be of no effect pending the final determination or the withdrawal of the appeal.

(5) Where any person has appealed to the Secretary of State against an enforcement notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

(6) Schedule 6 applies to appeals under section 174, including appeals under that section as applied by regulations under any other provisions of this Act.

[F3 (7) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 174 as if those proceedings were an inquiry held by the Secretary of State under section 250.]

Annotations:

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Amendments (Textual)

F1 S. 175(3A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 5 (with s. 226); S.I. 2009/400, art. 3

F2 Words in s. 175(4) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(2) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F3 S. 175(7) inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 3 (which temp. insertion falls (2.1.1992) for specified purposes only by virtue of S.I. 1991/2698, art. 3)

Modifications etc. (not altering text)

C1 S. 175: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2 S. 175(1)–(4)(6): power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

C3 S. 175(3)(6) applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 18(1), Sch. 4 Pt. I

C4 S. 175(5)(7) applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.