C1C3C4 Part VII Enforcement

Annotations:
Modifications etc. (not altering text)
C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

F1 Certificate of lawful use or development

Annotations:
Amendments (Textual)
F1

Ss. 191 - 194 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

C2196 Further provisions as to references and appeals to the Secretary of State.

1

Before determining F2. . . an appeal to him under section 195(1), the Secretary of State shall, if either the F3appellant 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.

F121A

Subsection (1) does not apply to an appeal against a decision of a local planning authority in England.

F111B

Subsection (1) does not apply to an appeal to the Welsh Ministers.

2

Where the Secretary of State grants F4a certificate under section 191 or 192 on such a reference or F10an appeal under section 195(1), he shall give notice to the local planning authority of that fact.

3

The decision of the Secretary of State on such F5. . . appeal shall be final.

4

The information which may be prescribed as being required to be contained in a register kept under section 69 shall include information with respect to F6certificates under section 191 or 192 granted by the Secretary of State.

F75

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F76

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F77

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F88

Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings F9in England before the Secretary of State on an appeal under section 195 as if those proceedings were an inquiry held by the Secretary of State under section 250.