Paragraph 4 Transitional provision: planning appeals

(1)

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

(a)

section 78, 106BC, 174 or 208(1) of the 1990 Act^f1;

(b)

section 20 of the Listed Buildings Act^f2;

(c)

section 21 of the Planning (Hazardous Substances) Act 1990^f3; 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 borough planning authority in relation to any land in the development area before the commencement date.

(2)

The borough planning 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 received from the Corporation.

Annotations

Footnotes

f1: 1990 c. 8. Section 106BC was inserted by section 7(1) of the Growth and Infrastructure Act 2013 (c. 27). There are other amendments to sections 78, 174 and 208 which are not relevant to this Order.
f2: 1990 c. 9. Section 20 was substituted by section 43(4) of the 2004 Act. There are amendments to section 20(4) made by section 196(4) of, and paragraphs 15 and 17 of Schedule 10 to, the Planning Act 2008 (c. 29) which are not yet in force.
f3: 1990 c. 10. By virtue of section 3(4) of that Act, as amended by paragraph 38 of Schedule 22 to the Localism Act 2011 (c. 20), the Corporation is, subject to this transitional provision, the hazardous substances authority for the development area.