46.—(1) In the case of a ROMP application, in regulations 12(1) and 18(b), for the references to “section 78 (right to appeal against planning decisions and failure to take such decisions)” substitute—
“paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)”.
(2) In the case of a ROMP application, in regulation 12(2) (appeal to the Secretary of State without an environmental statement) omit the words “, except by refusing planning permission or subsequent consent,”.