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Planning and Compulsory Purchase Act 2004
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- 2004 c. 5
- Part 4
- Miscellaneous
- Section 50
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- Act modified by S.I. 2005/2085 art. 4(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2008 c. 29 s. 179(1)
- s. 33A inserted by 2011 c. 20 s. 110(1)
- s. 38A-38C inserted by 2011 c. 20 Sch. 9 para. 7
- specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2
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Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1813 art. 2 commences (2004 c. 5)
- S.I. 2004/1814 art. 2 commences (2004 c. 5)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2005/204 art. 3 commences (2004 c. 5)
- S.I. 2005/1229 art. 2 commences (2004 c. 5)
- S.I. 2005/2081 art. 2 commences (2004 c. 5)
- S.I. 2005/2722 art. 2 commences (2004 c. 5)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/1369 art. 2 commences (2004 c. 5)
- S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2009/384 art. 2 commences (2004 c. 5)
- S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2008/582 art. 2 commences (2007 c. 24)
- S.I. 2008/1372 art. 2 commences (2007 c. 24)
- S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
Prospective
50Appeal made: functions of local planning authorityE+W
This section has no associated Explanatory Notes
(1)In the principal Act after section 78 (right to appeal) there is inserted the following section—
“78AAppeal made: functions of local planning authorities
(1)This section applies if a person who has made an application mentioned in section 78(1)(a) appeals to the Secretary of State under section 78(2).
(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a)the appeal must be treated as an appeal under section 78(1) against the refusal;
(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
(b)to revise the grounds of the appeal;
(c)to change any option the person has chosen relating to the procedure for the appeal.
(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).”
(2)In the listed buildings Act after section 20 (right to appeal) there is inserted the following section—
“20AAppeal made: functions of local planning authorities
(1)This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).
(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).
(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
(a)the appeal must be treated as an appeal under section 20(1) against the refusal;
(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—
(a)to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;
(b)to revise the grounds of the appeal;
(c)to change any option the person has chosen relating to the procedure for the appeal.
(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.
(6)The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).”
(3)This section has effect only in relation to relevant applications which are received by the local planning authority after the commencement of this section.
(4)The following are relevant applications—
(a)an application mentioned in section 78(1)(a) of the principal Act;
(b)an application mentioned in section 20(1)(a) of the listed buildings Act;
(c)an application mentioned in section 20(1)(a) of the listed buildings Act as given effect by section 74(3) of that Act (application of certain provisions to the control of demolition in conservation areas).
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