Paragraph 4 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,

(b)

section 20 of the Listed Buildings Act^f1,

(c)

section 21 of the Hazardous Substances Act^f2, or

(d)

regulation 19(1) of the Tree Preservation Regulations,

in respect of a decision or notice, or failure to make a decision or give notice by a previous authority in relation to any land in the development area before 1st June 2023.

(2)

The previous authority—

(a)

continues to be the local planning authority for the purposes of the appeal,

(b)

must notify the Corporation of the appeal, and

(c)

must transmit to the Secretary of State any representation from the Corporation.

Annotations

Footnotes

f1: Section 20 was amended by sections 43(4)(a) and 43(4)(b) of the Planning and Compulsory Purchase Act 2004 (c. 5). It is prospectively amended by paragraph 17 of Schedule 10 to the Planning Act 2008 from a date and time to be appointed.
f2: Section 21 was amended by Part 8 of Schedule 16 to the Environmental Protection Act 1990 (c. 43) and by paragraph 6 of Schedule 11 to the Planning Act 2008 Act. It is prospectively amended by paragraph 27 of Schedule 10 to the Planning Act 2008 from a date and time to be appointed.