The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 2259

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) Regulations 1995

Made

28th August 1995

Laid before Parliament

8th September 1995

Coming into force

2nd October 1995

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 333 and 336 of, and paragraph 1 of Schedule 6 to, the Town and Country Planning Act 1990(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) Regulations 1995 and shall come into force on 2nd October 1995.

(2) These Regulations apply in relation to appeals under section 174 (appeal against enforcement notice) of the Town and Country Planning Act 1990 in respect of which notice of appeal is given on or after the coming into force of these Regulations.

Amendment of Regulations

2.  Regulation 4 of the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1981(2) is amended—

(a) by the omission, at the end of paragraph (e), of the word “and”; and

(b) by the insertion, after paragraph (f), of the following—

“(g) appeals under section 174 of the Act relating to development in respect of which an environmental statement is required for the purposes of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995.”(3)

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

28th August 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1981. The effect of the amendment is to provide for determination by the Secretary of State, and not by a person appointed by him, of enforcement appeals in relation to development for which an environmental statement is required under the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995.

(1)

1990 c. 8. See the definition of “prescribed” in section 336(1).

(2)

S.I. 1981/804, relevant amending instruments are S.I. 1986/623 and 1989/1087.

(3)

In regulation 2 of the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1981 “the Act” is, by virtue of the Planning (Consequential Provisions) Act 1990 (c. 11), the Town and Country Planning Act 1990. The number of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995 is S.I. 1995/2258.