Planning Act 2008

Prospective

This section has no associated Explanatory Notes

24(1)Amend Schedule 3 (determination of certain appeals by person appointed by Secretary of State) as follows.U.K.

(2)In paragraph 2 after sub-paragraph (4) insert—

(4A)Sub-paragraph (2) does not apply in the case of an appeal to which section 88D applies.

(3)After sub-paragraph (8) of that paragraph insert—

(9)Sub-paragraph (8) does not apply to references to the Secretary of State in section 88D (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings).

(4)In paragraph 3 after sub-paragraph (4) insert—

(4A)Sub-paragraph (4) does not apply in the case of an appeal to which section 88D applies.

(4B)In the case of an appeal to which section 88D applies, the Secretary of State must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.

(5)In sub-paragraph (5) of that paragraph after “(4)” insert “ or (4B) ”.

(6)In paragraph 6 after sub-paragraph (1) insert—

(1A)Sub-paragraph (1) does not apply in the case of an appeal to which section 88D applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.

(7)In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “ or this paragraph ”.