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The Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 196 of the Planning Act 2008 inserted a new section 319A into the Town and Country Planning Act 1990, giving the Secretary of State the power to determine the procedure for specified appeals. Under the new provision the Secretary of State must make a determination before the end of the prescribed period. These regulations prescribe that period as seven working days from receipt of a valid appeal, and “receipt of a valid appeal” is defined for these purposes.

Section 196 has been commenced in respect of determinations in relation to appeals under sections 78 and 174 of the Town and Country Planning Act 1990 by the Planning Act 2008 (Commencement No. 1 and Savings) Order 2009 (S.I. 2009/400 (c. 22)) which includes transitional provisions.

A full impact assessment on the provisions of the Planning Bill, which became the Planning Act 2008 and amends the Town and Country Planning Act 1990, has been prepared and a copy placed in the Library of each House of Parliament. This is available at www.communities.gov.uk/documents/planningandbuilding/pdf/561912.pdf. A full and final impact assessment on the provisions of the Planning Act 2008 is due to be published shortly. No further assessment has been carried out in relation to these Regulations.

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