SCHEDULE 10 Further Provisions as to the Procedure for Certain Proceedings
Planning Act 2008 (2008 c 29) | Legislation

SCHEDULE 10 Further Provisions as to the Procedure for Certain Proceedings

Section 196

Town and Country Planning Act 1990 (c 8)

1

TCPA 1990 is amended as follows.

2

In section 77 (reference of applications to Secretary of State) for subsection (6) substitute—

“(6)     Subsection (5) does not apply to—

(a)     an application for planning permission referred to a Planning Inquiry Commission under section 101; or

(b)     an application referred to the Secretary of State under this section instead of being dealt with by a local planning authority in England.â€

3

In section 78(5) (appeals against failure to take planning decisions)—

(a)     for “79(1)†substitute “79(1) and (3)â€, and

(b)     for “and 288(10)(b)†substitute “, 288(10)(b) and 319A(7)(b)â€.

4

In section 79 (determination of appeals under section 78) for subsection (3) substitute—

“(3)     Subsection (2) does not apply to—

(a)     an appeal referred to a Planning Inquiry Commission under section 101; or

(b)     an appeal against a decision of a local planning authority in England.â€

5

In section 175 (supplementary provisions about appeals against enforcement notices) after subsection (3) insert—

“(3A)     Subsection (3) does not apply to an appeal against an enforcement

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