196 Determination of procedure for certain proceedings
Planning Act 2008 (2008 c 29) | Legislation

Determination of procedure

196  Determination of procedure for certain proceedings

(1)     After section 319 of TCPA 1990 insert—

“Determination of procedure
319A Determination of procedure for certain proceedings

(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

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