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Town and Country Planning Act 1990

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78 Right to appeal against planning decisions and failure to take such decisions. E+W

(1)Where a local planning authority—

(a)refuse an application for planning permission or grant it subject to conditions;

[F1(aa)refuse an application for permission in principle;]

(b)refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or

(c)refuse an application for any approval of that authority required under a development order [F2, a local development order or a neighbourhood development order] or grant it subject to conditions,

the applicant may by notice appeal to the Secretary of State.

(2)A person who has made such an application [F3to the local planning authority] may also appeal to the Secretary of State if the local planning authority have [F4done none of the following]

(a)given notice to the applicant of their decision on the application;

[F5(aa)given notice to the applicant that they have exercised their power under section 70A [F6or 70B] [F7or 70C] to decline to determine the application;]

(b)given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,

within such period as may be prescribed by the development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(3)[F8Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order.]

[F8An applicant who wishes to appeal under subsection (1) or (2) shall give notice of appeal to the Secretary of State by—

(a)serving on the Secretary of State within—

(i)8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2); or

(ii)such longer period as the Secretary of State may, at any time, 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.]

(4)The time prescribed for the service of such a notice must not be less than—

(a)28 days from the date of notification of the decision; or

(b)in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

[F9(4A)A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.

[F10(4AA) An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

(a)the land to which the application relates is in Wales,

(b)granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

(c)on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

(4AB)An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

(a)the land to which the application relates is in Wales,

(b)an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

(c)on the determination of that appeal, the condition was not discharged under section 177.]

F11(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(4BA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(4BB)A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

F11(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)For the purposes of the application of sections [F1379(1) and (3)], 253(2)(c), 266(1)(b) [F14, 288(10)(b) [F15, 319A(7)(b) and 319B(7)(b)]] in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Subordinate Legislation Made

P1S. 78 restricted (18.12.1996) by 1996 c. 61, s. 9(5), Sch. 6 Pt. IV para. 33

Textual Amendments

F2Words in s. 78(1)(c) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 11; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F3Words in s. 78(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 8; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F4Words in s. 78(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F5S. 78(2)(aa) substituted (25.9.1991) for 'nor' by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F6Words in s. 78(2)(aa) inserted (6.4.2009 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(2), 121 (with s. 111); S.I. 2009/384, art. 2

F7Words in s. 78(2)(aa) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(3), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F9S. 78(4A)-(4D) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 2 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F11S. 78(4B)-(4D) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(2)

F12S. 78(4BA)(4BB) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(1), 58(2)(b)(4)(b); The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017 (SI 2017/546), art 3(b) (with art. 4)

F13Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(a) (with s. 226); S.I. 2009/400, art. 3

F14Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(b) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C1S. 78 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6

S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C4S. 78 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 10, Sch. 7 para. 31

C5S. 78 applied (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 49, Sch. 16 para. 2(7)

C10Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)

C13S. 78 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)

C14S. 78 applied in part (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 37 (with arts. 27(2), 39, Sch. 10 para. 4)

C18S. 78 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)

C21S. 78 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)

C27Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)

C32S. 78 applied (with modifications) (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 4(1)(a)

C42S. 78(1) applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(2) (with arts. 37, 38, Sch. 9 para. 19)

C43S. 78(1) applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(2)

C44S. 78(1) applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 34(1) (with arts. 34(3), 36, 37, Sch. 8 para. 34)

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