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Town and Country Planning Act 1990, Cross Heading: Secretary of State’s powers as respects planning applications and decisions is up to date with all changes known to be in force on or before 01 December 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Secretary of State’s powers as respects planning applications and decisionsE+W

[F176AMajor infrastructure projectsE+W

(1)This section applies to—

(a)an application for planning permission;

(b)an application for the approval of a local planning authority required under a development order,

if the Secretary of State thinks that the development to which the application relates is of national or regional importance.

(2)The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.

(3)If the Secretary of State gives a direction under subsection (2) he may also direct that any application—

(a)under or for the purposes of the planning Acts, and

(b)which he thinks is connected with the application mentioned in subsection (1),

must also be referred to him instead of being dealt with by the local planning authority.

(4)If the Secretary of State gives a direction under this section—

(a)the application must be referred to him;

(b)he must appoint an inspector to consider the application.

(5)If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—

(a)be in such form and contain such matter as is prescribed by development order;

(b)be submitted to the Secretary of State in accordance with such provision as is so prescribed.

(6)For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.

(7)A direction under this section or section 76B may be varied or revoked by a subsequent direction.

(8)The decision of the Secretary of State on any application referred to him under this section is final.

(9)Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).

(10)The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—

(a)section 70;

(b)section 72(1) and (5);

(c)section 73;

(d)section 73A.

(11)A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.

(12)This section does not apply to an application which relates to the development of land in Wales.

Textual Amendments

F1Ss. 76A, 76B inserted (6.8.2004 for certain purposes, 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 44, 121; S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

76BMajor infrastructure projects: inspectorsE+W

(1)This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).

(2)The Secretary of State may direct the lead inspector—

(a)to consider such matters relating to the application as are prescribed;

(b)to make recommendations to the Secretary of State on those matters.

(3)After considering any recommendations of the lead inspector the Secretary of State may—

(a)appoint such number of additional inspectors as he thinks appropriate;

(b)direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.

(4)An additional inspector must—

(a)comply with such directions as to procedural matters as the lead inspector gives;

(b)report to the lead inspector on the matters he is appointed to consider.

(5)A copy of directions given as mentioned in subsection (4)(a) must be given to—

(a)the person who made the application;

(b)the local planning authority;

(c)any other person who requests it.

(6)If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.

(7)In every case the lead inspector must report to the Secretary of State on—

(a)his consideration of the application;

(b)the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).

(8)The function of the lead inspector in pursuance of subsection (2)—

(a)may be exercised from time to time;

(b)includes making recommendations as to the number of additional inspectors required from time to time.

(9)The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.]

Textual Amendments

F1Ss. 76A, 76B inserted (6.8.2004 for certain purposes, 24.8.2005 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 44, 121; S.I. 2004/2097, art. 2; S.I. 2005/2081, art. 2 (subject to savings in art. 4)

[F276CProvisions applying to applications made under section 62AE+W

(1)Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.

(2)Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.

[F3(2A)Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority.

(2B)Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.]

(3)Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.

Textual Amendments

F2Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

76DDeciding applications made under section 62AE+W

(1)An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.

(2)Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—

(a)revoke the person's appointment; and

(b)appoint another person to determine the application instead.

(3)A person appointed under this section to determine an application for planning permission [F4or permission in principle] made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.

(4)Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.

(5)Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.

(6)It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.

(7)Where any enactment (other than this section and section 319A)—

(a)refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or

(b)refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,

then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.

Textual Amendments

F2Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

76EApplications under section 62A: determination by Secretary of StateE+W

(1)The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.

(2)Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—

(a)the person, if any, appointed under section 76D to determine the application concerned,

(b)the applicant, and

(c)the local planning authority.

(3)Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—

(a)in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and

(b)subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.

(4)The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.

(5)Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—

(a)the person, if any, previously appointed under section 76D to determine the application concerned,

(b)the applicant, and

(c)the local planning authority.

(6)Where a direction is given under subsection (4) in relation to a direct application—

(a)anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and

(b)subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.]

Textual Amendments

F2Ss. 76C-76E inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 5; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

77 Reference of applications to Secretary of State.E+W

(1)The Secretary of State may give directions requiring applications for planning permission [F5or permission in principle], or for the approval of any local planning authority required under a development order [F6, a local development order or a neighbourhood development order], to be referred to him instead of being dealt with by local planning authorities.

(2)A direction under this section—

(a)may be given either to a particular local planning authority or to local planning authorities generally; and

(b)may relate either to a particular application or to applications of a class specified in the direction.

(3)Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4)Subject to [F7subsection (5)—

(a)where] an application for planning permission is referred to the Secretary of State under this section, sections [F870, 72(1) and (5), 73 and 73A] shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the [F9local planning authority;

(b)where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;

and] [F10a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71].

(5)Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.

[F11(6A)Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.]

(7)The decision of the Secretary of State on any application referred to him under this section shall be final.

Textual Amendments

F6Words in s. 77(1) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F8Words in s. 77(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.18 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5) and S.I. 1992/1491, art.2, Sch.1

Modifications etc. (not altering text)

C1S. 77 extended (3.11.1994) by 1994 c. 33, ss. 80(3), 172(4)

C3S. 77(5) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)

78 Right to appeal against planning decisions and failure to take such decisions. E+W

(1)Where a local planning authority—

(a)refuse an application for planning permission or grant it subject to conditions;

[F12(aa)refuse an application for permission in principle;]

[F13(ab)refuse an application under section 74B (variation of condition relating to construction working hours);]

[F14(ac)refuse an application under section 93B (extension of certain planning permissions in England: additional environmental approval);]

[F15(ad)refuse an application under section 93F (outline planning permission: extension of limits for beginning development with additional environmental approval);]

(b)refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or

(c)refuse an application for any approval of that authority required under a development order [F16, a local development order or a neighbourhood development order] or grant it subject to conditions,

the applicant may by notice appeal to the Secretary of State.

(2)A person who has made such an application [F17to the local planning authority] may also appeal to the Secretary of State if the local planning authority have [F18done none of the following]

(a)given notice to the applicant of their decision on the application;

[F19(aa)given notice to the applicant that they have exercised their power under section 70A [F20or 70B] [F21or 70C] to decline to determine the application;]

(b)given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,

within such period as may be prescribed by the development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(3)Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order.

(4)The time prescribed for the service of such a notice must not be less than—

(a)28 days from the date of notification of the decision; or

(b)in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

[F22(4A)A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.

[F23(4AA) An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

(a)the land to which the application relates is in Wales,

(b)granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

(c)on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

(4AB)An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

(a)the land to which the application relates is in Wales,

(b)an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

(c)on the determination of that appeal, the condition was not discharged under section 177.]

F24(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(4BA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(4BB)A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

F24(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)For the purposes of the application of sections [F2679(1) and (3)], 253(2)(c), 266(1)(b) [F27, 288(10)(b) [F28, 319A(7)(b) and 319B(7)(b)]] in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Textual Amendments

F13S. 78(1)(ab) inserted (temp.) (28.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 16(3), 25(3)(a) (with s. 16(6))

F14S. 78(1)(ac) inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 17(3), 25(3)(b) (with s. 17(6))

F15S. 78(1)(ad) inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 18(3), 25(3)(b) (with s. 18(6))

F16Words in s. 78(1)(c) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 11; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F17Words in s. 78(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 8; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F18Words in s. 78(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F19S. 78(2)(aa) substituted (25.9.1991) for 'nor' by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 17(2) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F20Words in s. 78(2)(aa) inserted (6.4.2009 for E. and otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(2), 121 (with s. 111); S.I. 2009/384, art. 2

F21Words in s. 78(2)(aa) inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(3), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F22S. 78(4A)-(4D) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 2 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F24S. 78(4B)-(4D) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(2)

F25S. 78(4BA)(4BB) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(1), 58(2)(b)(4)(b); The Planning (Wales) Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2017 (SI 2017/546), art 3(b) (with art. 4)

F26Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(a) (with s. 226); S.I. 2009/400, art. 3

F27Words in s. 78(5) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 3(b) (with s. 226); S.I. 2009/400, art. 3

Modifications etc. (not altering text)

C4S. 78 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6

S. 78 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V

S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 78 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C5S. 78 restricted (18.12.1996) by 1996 c. 61, s. 9(5), Sch. 6 Pt. IV para. 33

C7Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)

C8S. 78 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 10, Sch. 7 para. 31

C9S. 78 applied (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 49, Sch. 16 para. 2(7)

C14Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)

C17S. 78 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)

C18S. 78 applied in part (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 37 (with arts. 27(2), 39, Sch. 10 para. 4)

C22S. 78 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)

C25S. 78 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)

C31Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)

C36S. 78 applied (with modifications) (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 4(1)(a)

C49S. 78(1) applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 35(2) (with arts. 37, 38, Sch. 9 para. 19)

C50S. 78(1) applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(2)

C51S. 78(1) applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 34(1) (with arts. 34(3), 36, 37, Sch. 8 para. 34)

[F2978AAppeal made: functions of local planning authoritiesE+W

(1)This section applies if a person who has made an application mentioned in section 78(1)(a) [F30or (aa)] appeals to the Secretary of State under section 78(2).

(2)At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).

(3)If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

(a)the appeal must be treated as an appeal under section 78(1) against the refusal;

(b)the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

(c)the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

(4)If the local planning authority give notice as mentioned in subsection (2) that their decision is [F31to grant an application mentioned in section 78(1)(a)] subject to conditions the Secretary of State must give the person making the appeal the opportunity—

(a)to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;

(b)to revise the grounds of the appeal;

(c)to change any option the person has chosen relating to the procedure for the appeal.

(5)The Secretary of State must not issue his decision on the appeal before the end of the additional period.

(6)The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).]

Textual Amendments

F29S. 78A inserted (6.8.2004 for specified purposes, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 50(1), s. 121(1)-(3) (with ss. 50(3), 111); S.I. 2004/2097, art. 2; S.I. 2015/340, art. 2(b)

79 Determination of appeals. E+W

(1)On an appeal under section 78 the Secretary of State may—

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

[F32(1A)On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B)But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.]

(2)Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F33(3)Subsection (2) does not apply to—

(a)an appeal referred to a Planning Inquiry Commission under section 101; or

(b)an appeal against a decision of a local planning authority in England.]

[F34(3A)Subsection (2) does not apply to an appeal to the Welsh Ministers.]

(4)Subject to [F35subsection (2)—

(a)sections][F3670, 72(1) and (5), 73 and 73A] and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 [F37in respect of an application within section 78(1)(a), (b) or (c)] as they apply in relation to an application for planning permission which falls to be determined by the [F38local planning authority;

(b)section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;

and][F39a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71].

(5)The decision of the Secretary of State on such an appeal shall be final.

(6)If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—

(a)could not have been granted by the local planning authority; or

(b)could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

[F40(6ZA)If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.]

[F41(6A)If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.]

(7)Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.

Textual Amendments

F32S. 79(1A)(1B) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 29(3), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 10)

F33S. 79(3) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 4 (with s. 226); S.I. 2009/400, art. 3

F36Words in s. 79(4) substituted (2.1.1992 so far as relating to the inclusion of a reference to s. 73A and otherwise 17.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 19 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art .5); S.I. 1992/1491, art. 2, Sch. 1

Modifications etc. (not altering text)

C14Ss. 78, 79 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 6(1) (with arts. 11, 12)

C31Ss. 78, 79 applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 7(1)(a) (with art. 5)

C52Ss. 78, 79 modified by S.I. 1989/670, reg. 15 as amended by S.I. 1990/1562, regs. 2, 3, 6

Ss. 78, 79 applied (with modifications) (6.4.1992) by S.I. 1992/666, reg. 15(1)(3), Sch. 4 Pts. I, IV, V

S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. I

S. 79 applied (with modifications) (2.8.1999) by S.I. 1999/1892, reg. 2(1), Sch. art. 7, Sch. 2 Pt. II

C53Ss. 78, 79 applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), reg. 17, Sch. 4 (as amended (1.10.2013) by S.I. 2013/2114, regs. 1(1), 3)

C58S. 79 applied (with modifications) (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 39(1)(a)

C63S. 79 applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 6(1)(a) (with arts. 12, 13, Sch. 12)

C66S. 79 applied (with modifications) (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 4(1)(a)

C71S. 79 applied (with modifications) (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166), arts. 1, 4(1)(a)

C77S. 79(2) excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with ss. 20, 64, 219)

F4280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4381. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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