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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

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Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

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51.—(1) In the case of a ROMP application, in regulations 14(1) and 21(b), for each reference to “section 78 of the Act (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 14(2) (appeal to the Secretary of State without an environmental statement) omit “, except by refusing planning permission or subsequent consent,”.

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