Part XV Miscellaneous and General Provisions

F1Determination of procedure

Annotations:
Amendments (Textual)
F1

S. 319A and preceding cross-heading inserted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196(1), 241 (with s. 226); S.I. 2009/400, art. 3 (with art. 6(2))

319AF2Determination of procedure for certain proceedings: England

1

The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

2

A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—

a

at a local inquiry;

b

at a hearing;

c

on the basis of representations in writing.

3

The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

4

A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

5

The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

6

The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

7

This section applies to—

F3za

an application made to the Secretary of State under section 62A;

a

an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;

b

an appeal under section 78 against a decision of a local planning authority in England;

F4ba

an appeal under section 106BC (appeals in relation to applications for modification or discharge of affordable housing requirements);

c

an appeal under section 174 against an enforcement notice issued by a local planning authority in England;

d

an appeal under section 195 against a decision of a local planning authority in England; and

e

an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England.

8

But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.

9

The Secretary of State may by order amend subsection (7) to—

a

add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or

b

otherwise modify the descriptions of proceedings to which this section applies.

10

An order under subsection (9) may—

a

contain incidental, supplementary, consequential, transitional and transitory provision and savings;

b

amend, repeal or revoke any provision made by or under this Act or by or under any other Act.