Search Legislation

The Town and Country Planning (Development Management Procedure) (England) Order 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 5Appeals

Notice of appeal

32.  (1)  Articles 11 and 12 apply to any appeal to the Secretary of State under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)(1) as they apply to applications for planning permission.

Appeals

33.  (1)  An applicant who wishes to appeal to the Secretary of State under section 78 of the 1990 Act shall give notice of appeal to the Secretary of State by—

(a)serving on the Secretary of State, within—

(i)the time limit specified in paragraph (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, together with such of the documents specified in paragraph (3) as are relevant to the appeal; 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, together with a copy of any relevant documents mentioned in paragraph (3)(a)(ii) or paragraph (3)(b)(v), as the case may be.

(2) The time limit mentioned in paragraph (1) is—

(a)in the case of a householder appeal, other than a type A or a type B appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal;

(b)in the case of a type A appeal, 28 days from—

(i)the date of the notice of the decision or determination giving rise to the appeal; or

(ii)the expiry of the specified period;

(c)in the case of a type B appeal, 28 days from the date on which the enforcement notice is served;

(d)in all other cases, 6 months from—

(i)the date of the notice of the decision or determination giving rise to the appeal;

(ii)in a case in which the authority have served a notice on the applicant in accordance with article 4(2) that they require further information, and the applicant has not provided the information, the date of service of that notice; or

(iii)in any other case, the expiry of the specified period.

(3) The documents mentioned in paragraph (1) are—

(a)in the case of a householder appeal—

(i)a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii)any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination; and

(iii)the notice of the decision or determination;

(b)in all other cases—

(i)a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii)all plans, drawings and documents sent to the authority in connection with the application;

(iii)all correspondence with the authority relating to the application;

(iv)any certificate provided to the authority under article 12;

(v)any other plans, documents or drawings relating to the application which were not sent to the authority, except any plans, documents or drawings relating to amendments to the application proposed after the authority have made their determination;

(vi)the notice of the decision or determination, if any; and

(vii)if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.

(4) The Secretary of State may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1)(a) and the documents required under paragraph (3) are not served on the Secretary of State within the time limit specified in paragraph (2).

(5) The Secretary of State may provide, or arrange for the provision of, a website for use for such purposes as the Secretary of State thinks fit which—

(a)relate to appeals under section 78 of the 1990 Act and this article; and

(b)are capable of being carried out electronically.

(6) Where a person gives notice of appeal to the Secretary of State using electronic communications, the person shall be taken to have agreed—

(a)to the use of such communications for all purposes relating to the appeal which are capable of being carried out electronically;

(b)that the person’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person’s notice of appeal; and

(c)that the person’s deemed agreement under this paragraph shall subsist until notice is given in accordance with article 40 that the person wishes to revoke the agreement.

(7) In this article—

“householder appeal” means an appeal under section 78(1) of the 1990 Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;

“specified period” means the period specified in article 29 or 30, as the case may be;

“type A appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—

(a)

has been served no earlier than 2 years before the application is made;

(b)

has been served before—

(i)

the date of the notice of the decision or determination giving rise to the appeal; or

(ii)

the expiry of the specified period; and

(c)

is not withdrawn before the expiry of the period of 28 days from the date specified in sub-paragraph (b); and

“type B appeal” means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—

(a)

is served on or after—

(i)

the date of the notice of the decision or determination giving rise to the appeal, or

(ii)

the expiry of the specified period;

(b)

is served earlier than 28 days before the expiry of the time limit specified—

(i)

in the case of a householder appeal, in paragraph (2)(a); or

(ii)

in any other case, in paragraph (2)(d); and

(c)

is not withdrawn before the expiry of the period of 28 days from the date on which the enforcement notice is served.

(1)

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 29).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources