36(1)An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.U.K.
(2)Subject to that, the [F1Secretary of State] may by regulations make such provision as [F2he thinks] fit about procedure in relation to appeals under paragraph 32 above.
(3)Regulations under sub-paragraph (2) above may, in particular—
(a)make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,
(b)empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and
(c)empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
(4)Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—
(a)prescribe the time limit in the regulations, or
(b)enable the [Secretary of State] to give directions setting the time limit in a particular case or class of case.
Textual Amendments
F1Words in Sch. 6 para. 36(2)(4)(b) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 32(h)(i)
F2Words in Sch. 6 para. 36(2) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 32(h)(ii)