Paragraph 4 Transitional provision: planning appeals

(1)

This paragraph applies where an appeal is made—

(a)

to the Secretary of State under—

(i)

section 78, 174, 195 or 208(1) of the 1990 Act^f1,

(ii)

section 20 of the Listed Buildings Act^f2,

(iii)

section 21 of the Hazardous Substances Act^f3, or

(iv)

regulation 19(1) of the Tree Preservation Regulations,

in respect of a decision made or notice given, or a failure to make a decision or give notice, by a previous authority before 10th August 2026 in relation to any land in the development area;

(b)

to the magistrates’ court under section 225B, 225D or 225I of the 1990 Act^f4, in respect of a notice given or a failure to give notice by a previous authority before 10th August 2026 in relation to any land in the development area;

(c)

to the Upper Tribunal under section 18 of the Land Compensation Act 1961^f5, in respect of a certificate issued, or rejection of an application for a certificate, by a previous authority before 10th August 2026 in relation to any land in the development area.

(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, the magistrates’ court or the Upper Tribunal, as the case may be, any representation from the Corporation.

Annotations

Footnotes

f1: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, section 43 of the Planning and Compulsory Purchase Act 2004, paragraph 3 of Schedule 10 and paragraph 2 of Schedule 11 to the Planning Act 2008, section 123(3) of and paragraph 11 of Schedule 12 to the Localism Act 2011, paragraph 21 of Schedule 12 to the Housing and Planning Act 2016, paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27), section 113(5) of the Levelling-up and Regeneration Act 2023 and S.I. 2024/49. Section 174 was amended by section 6(1) of and paragraph 22 of Schedule 7 to the Planning and Compensation Act 1991, paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24), section 118 of the Levelling-up and Regeneration Act 2023 and S.I. 2003/956. Section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991, paragraph 7 of Schedule 10 and paragraph 3 of Schedule 11 to the Planning Act 2008 and section 119(3) of the Levelling-up and Regeneration Act 2023. There are other amendments to sections 78, 174 and 195 that are not relevant to this Order. Section 208(1) was amended by section 23(2) of the Planning and Compensation Act 1991.
f2: Section 20 was amended by section 43(4) of the Planning and Compulsory Purchase Act 2004. There are other amendments to section 20 that are not relevant to this Order.
f3: Section 21 was amended by Part 7 of Schedule 16 to the Environmental Protection Act 1990 (c. 43) and by paragraph 6 of Schedule 11 to the Planning Act 2008. There are other amendments to section 21 that are not relevant to this Order.
f4: Sections 225B, 225D and 225I were inserted by section 127(1) and (2) of the Localism Act 2011.
f5: Section 18 was amended by section 232(3) of the Localism Act 2011 and section 189(4) of the Levelling-up and Regeneration Act 2023. There are other amendments to section 18 that are not relevant to this Order.