The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2010

Amendments relating to appeals

6.  In article 23 (appeals)—

(a) for sub-paragraph (a) of paragraph (1) substitute—

“(a) serving on the Secretary of State, within—

(i) the time limit specified in paragraph (2), (2A), (2B) or (2C), or

(ii) such longer period as the Secretary of State may, at any time, allow,

a completed appeal form, obtained from the Secretary of State, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and”;

(b) for paragraph (2) substitute—

“(2) The time limit mentioned in paragraph (1) is, in the case of a householder appeal, other than a type A or a type B appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal.

(2A) The time limit mentioned in paragraph (1) is, in the case of a type A appeal, 28 days from—

(a) the date of the notice of the decision or determination giving rise to the appeal, or

(b) the expiry of the specified period.

(2B) The time limit mentioned in paragraph (1) is, in the case of a type B appeal, 28 days from the date on which the enforcement notice is served.

(2C) In all other cases, the time limit mentioned in paragraph (1) is six months from—

(a) the date of the notice of the decision or determination giving rise to the appeal;

(b) in a case in which the authority have served a notice on the applicant in accordance with article 3(2) that they require further information, and the applicant has not provided the information, the date of service of that notice, or

(c) in any other case, the expiry of the specified period.”; and

(c) for paragraph (7) substitute—

“(7) In this article—

“householder appeal” means an appeal under section 78(1) of the Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;

“specified period” means the period specified in article 4F(5), article 20 or article 21, as the case may be;

“type A appeal” means an appeal under section 78(1) or 78(2) of the Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—

(a)

has been served no earlier than two years before the application is made;

(b)

has been served before—

(i)

the date of the notice of the decision or determination giving rise to the appeal, or

(ii)

the expiry of the specified period; and

(c)

is not withdrawn before the expiry of the period of 28 days from the date specified in sub-paragraph (b); and

“type B appeal” means an appeal under section 78(1) or 78(2) of the Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice—

(a)

is served on or after—

(i)

the date of the notice of the decision or determination giving rise to the appeal, or

(ii)

the expiry of the specified period;

(b)

is served earlier than 28 days before the expiry of the time limit specified—

(i)

in paragraph (2) in the case of a householder appeal; or

(ii)

in paragraph (2C) in any other case; and

(c)

is not withdrawn before the expiry of the period of 28 days from the date on which the enforcement notice is served.”.