Paragraph 3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 2(4A) inserted by Planning Act 2008 Sch. 10 para. 24(2)
Sch. 3 para. 2(9) inserted by Planning Act 2008 Sch. 10 para. 24(3)
Sch. 3 para. 3(4A) (4B) inserted by Planning Act 2008 Sch. 10 para. 24(4)
Sch. 3 para. 3(5) words inserted by Planning Act 2008 Sch. 10 para. 24(5)
Sch. 3 para. 6(1A) inserted by Planning Act 2008 Sch. 10 para. 24(6)
Sch. 3 para. 6(2)(a) words inserted by Planning Act 2008 Sch. 10 para. 24(7)

(1)

The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.

(2)

Such a direction shall state the reasons for which it is given and shall be served on the appellant, the local planning authority, any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 11(4) and, if any person has been appointed under paragraph 1, on him.

(3)

Where in consequence of such a direction an appeal under section 20 F1, 26K or 39 falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

(4)

The Secretary of State shall give the appellant, the local planning authority and any person who has made such representations as are referred to in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if—

(a)

the reasons for the direction raise matters with respect to which any of those persons have not made representations; or

(b)

in the case of the appellant and the local planning authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard but was not given an opportunity of doing so.

F2(4C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4D)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Except as provided by sub-paragraph (4) F4..., the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made.

(6)

In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

Annotations

Textual amendments

F1: Word in Sch. 3 para. 3(3) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 19(2); S.I. 2014/416, art. 3(e)
F2: Sch. 3 para. 3(4C) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(b)(i) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F3: Sch. 3 para. 3(4D) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(b)(i) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F4: Words in Sch. 3 para. 3(5) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(b)(ii) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Notes on Schedule 3

Modifications

C1: Sch. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))