Paragraph 3 Transitional provision: planning appeals

(1)

This paragraph applies where an appeal is made to the Secretary of State under—

(a)

section 78, 174 or 208(1) of the 1990 Act^f1, or

(b)

section 20 of the Listed Buildings Act^f2,

in respect of a decision of notice, or failure to make a decision or give notice by a previous authority in relation to any land in the development area before the commencement date.

(2)

The successor authority is the local planning authority for the purposes of the appeal.

(3)

The LLDC must transmit to the successor authority any documentation received in relation to the appeal.

Annotations

Footnotes

f1: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), section 43(2) of the Planning and Compulsory Purchase Act 2004, paragraph 3 of Schedule 10 and paragraph 2 of Schedule 11 to the Planning Act 2008 (“the 2008 Act”), section 123, and paragraph 11 of Schedule 12 to, the Localism Act 2011, paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27), paragraph 12 of Schedule 4 to the Infrastructure Act 2015, sections 45 and 47(1) of, and paragraph 7 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw 4) (“the 2015 Act”), paragraph 21 of Schedule 12 to the House and Planning Act 2016, section 113(5) of the Levelling-up and Regeneration Act 2023 (“the 2023 Act”) and by S.I. 2014/2773. It is prospectively amended by paragraph 1(12) of Schedule 9 to the 2023 Act and by S.I. 2024/49 from a date and time to be appointed. Section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the 1991 Act, paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2012, section 46 of the 2015 Act, section 113 of the 2023 Act and S.I. 2003/956. Section 208 was amended by section 23(2) to (4) of the 1991 Act, paragraph 4 of Schedule 11 to the 2008 Act, paragraph 11 of Schedule 5 and paragraph 4(4) of Schedule 7 to the 2015 Act and by S.I. 2014/2773. It is prospectively amended by paragraph 9 of Schedule 10 to the 2008 Act from a date and time to be appointed.
f2: Section 20 was amended by section 43(4) of the Planning and Compulsory Purchase Act 2004 and by paragraph 107(b) of Schedule 13 to the Historic Environment (Wales) Act 2023 and S.I. 2014/2773. It is prospectively amended by paragraph 17 of Schedule 10 to the Planning Act 2008 from a date and time to be appointed.