Town and Country Planning Act 1990

Secretary of State’s powers as respects planning applications and decisions

77 Reference of applications to Secretary of State

(1) The Secretary of State may give directions requiring applications for planning permission, or for the approval of any local planning authority required under a 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 subsection (5), where an application for planning permission is referred to the Secretary of State under this section, sections 65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73 shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the local planning authority.

(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.

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

78 Right to appeal against planning decisions and failure to take such decisions

(1) Where a local planning authority—

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

(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 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 may also appeal to the Secretary of State if the local planning authority have neither—

(a) given notice to the applicant of their decision on the application; nor

(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.

(5) For the purposes of the application of sections 79(1), 253(2)(c), 266(1)(b) and 288(10)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

79 Determination of appeals

(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.

(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.

(3) Subsection (2) does not apply to an appeal referred to a Planning Inquiry Commission under section 101.

(4) Subject to subsection (2), the provisions of sections 66, 67, 70, 71(2), 72(1) and (5) and 73 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 as they apply in relation to an application for planning permission which falls to be determined by the local planning authority.

(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.

(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.

80 Review of planning decisions where compensation claimed

(1) This section and section 81 apply where, in accordance with the provisions of Part V, one or more claims for compensation in respect of a planning decision have been transmitted to the Secretary of State and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.

(2) If, in the case of a planning decision of the local planning authority, it appears to the Secretary of State that, if the application for permission to develop the land in question had been referred to him for determination, he would have made a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the decision of the local planning authority.

(3) The reference in subsection (2) to a decision more favourable to the applicant shall be construed—

(a) in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either in respect of the whole of the land to which the application for permission related or in respect of part of that land; and

(b) in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.

(4) If in any case it appears to the Secretary of State that planning permission could properly be granted (either unconditionally or subject to certain conditions) for some development of the land in question other than the development to which the application for planning permission related, the Secretary of State may give a direction that this Act shall have effect in relation to that application and to the planning decision—

(a) as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or, as the case may be, subject to those conditions) for that development; or

(b) as if the decision had been made by him and had included an undertaking to grant planning permission (unconditionally or, as the case may be, subject to those conditions) for that development,

as may be specified in the direction.

81 Provisions supplementary to s. 80

(1) Before giving a direction under section 80 the Secretary of State shall give notice in writing of his proposed direction—

(a) to the local planning authority to whose decision that direction relates, and

(b) to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.

(2) If so required by the local planning authority or by any such person, the Secretary of State shall give each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

(3) In giving any direction under section 80, the Secretary of State shall have regard—

(a) to the provisions of the development plan for the area in which the land in question is situated (in so far as those provisions are material to the development of that land); and

(b) to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land; and

(c) to any other material considerations.

(4) Where the Secretary of State gives a direction under section 80, he shall give notice of the direction—

(a) to the local planning authority to whose decision the direction relates; and

(b) to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.