OpenLegislation

Paragraph 2

England and Wales

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

(1)

An appointed person shall have the same powers and duties—

(a)

in relation to an appeal under section 78, as the Secretary of State has under F1subsections (1), (4) and (6A) of section 79;

F2(zaa)

in relation to an appeal under section 93I, as the Secretary of State has under that section;

F3(aa)

in relation to an appeal under section 106B F4or 106BC, as he has under that section

(b)

in relation to an appeal under section 174, as he has under sections 176(1), (2) F5to (2A) F6, (5) and (6) and 177(1) to (4);

(c)

in relation to an appeal under section 195, as he has under subsections (2) F7, (3) and (3A) of that section F8...;

(d)

in relation to an appeal under section 208, as he has under subsections (7) F9to (8A) of that section.

F10(e)

in relation to an appeal under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991, as the Secretary of State has under paragraph 6(1) and (3) of that Schedule.

(2)

Sections 79(2) F11106B(4), 175(3), 196(1) and 208(5) F12of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991 shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3)

If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4)

If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

F13(5)

Sub-paragraph (2) does not apply—

(a)

in the case of an appeal to which section 319A applies; or

(b)

in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101.

F14(5A)

Sub-paragraph (2) does not apply in the case of an appeal to which section 319B applies.

(6)

Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7)

Except as provided by Part XII, the validity of that decision shall not be questioned in any proceedings whatsoever.

(8)

It shall not be a ground of application to the High Court under section 288, or of appeal to the High Court under section 289 F15..., that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(9)

Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies or to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

F16(10)

Sub-paragraph (9) F17applies to references to the Secretary of State in section 319A (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings) F18only for the purposes of subsection (4) of that section.

F19(10A)

Sub-paragraph (9) does not apply to references to the Welsh Ministers in section 319B (determination of procedure for certain proceedings: Wales).

F20(11)

The Secretary of State may, if he thinks fit, direct that anything in connection with an appeal in England to which this Schedule applies which would otherwise fall to be done by an appointed person shall instead be done by the Secretary of State.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 2(1)(a) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(a) (with s. 84(5)); S.I. 1991/2067, art. 3 (subject to art. 4)

F2

Sch. 6 para. 2(1)(zaa) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 14(b) (with s. 247)

F3

Sch. 6 para. 2(1)(aa) inserted (9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(b); S.I. 1992/2831, art. 2

F4

Words in Sch. 6 para. 2(1)(aa) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 9(3)

F5

Words in Sch. 6 para. 2(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(c) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F6

Words in Sch. 6 para. 2(1)(b) substituted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 119(4)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(f) (with reg. 8)

F7

Words in Sch. 6 para. 2(1)(c) substituted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 119(4)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(f) (with reg. 8)

F8

Words in Sch. 6 para. 2(1)(c) repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 54(3)(d), Sch. 19 Pt. I; S.I. 1992/1630, art. 2, Schs. 1, 2 (with art. 3(1))

F9

Words in Sch. 6 para. 2(1)(d) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(e)(with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F10

Sch. 6 para. 2(1)(e) inserted (6.4.2009 for E., 28.11.2014 for W.) by Planning Act 2008 (c. 29), ss. 198(3)(a), 241 (with s. 226); S.I. 2009/400, art. 5; S.I. 2014/2780, art. 2

F11

Words in Sch. 6 para. 2(2) inserted (9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 54(3)(f); S.I. 1992/2831, art. 2

F12

Words in Sch. 6 para. 2(2) inserted (6.4.2009 for E., 28.11.2014 for W.) by Planning Act 2008 (c. 29), ss. 198(3)(b), 241 (with s. 226); S.I. 2009/400, art. 5; S.I. 2014/2780, art. 2

F13

Sch. 6 para. 2(5) substituted (6.4.2009 for E.W. for specified purposes, 25.4.2024 for specified purposes) by Planning Act 2008 (c. 29), s. 241(8), Sch. 10 para. 14(2) (with s. 226); S.I. 2009/400, art. 3(j); S.I. 2024/452, reg. 2(b)

F14

Sch. 6 para. 2(5A) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 13(2)(a)

F15

Words in Sch. 6 para. 2(8) repealed (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 54(3)(g), Sch. 19 Pt. I; S.I. 1992/1630, art. 2, Schs. 1, 2 (with art. 3(1))

F16

Sch. 6 para. 2(10) inserted (6.4.2009 for E.W. for specified purposes, 25.4.2024 for specified purposes) by Planning Act 2008 (c. 29), s. 241(8), Sch. 10 para. 14(3) (with s. 226); S.I. 2009/400, art. 3(j); S.I. 2024/452, reg. 2(b)

F17

Word in Sch. 6 para. 2(10) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 131(a), 255(3)(a) (with s. 247)

F18

Words in Sch. 6 para. 2(10) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 131(b), 255(3)(a) (with s. 247)

F19

Sch. 6 para. 2(10A) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 13(2)(b)

F20

Sch. 6 para. 2(11) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(7), 35(1); S.I. 2013/1488, art. 3(a)

Notes on Schedule 6

Modifications

C1

Sch. 6 excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with s. 64)

C2

Sch. 6 applied (E.) (6.4.2012) by The Town and Country Planning (Tree Preservation)(England) Regulations 2012 (S.I. 2012/605), regs. 1(1), 19(5)