Section 293J Applications under section 293D or 293E: determination by the Secretary of StateF1

England and Wales

(1)

The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I.

(2)

Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—

(a)

the person, if any, appointed under section 293I to determine the application concerned,

(b)

the applicant, and

(c)

the local planning authority.

(3)

Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—

(a)

in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and

(b)

subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it.

(4)

The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.

(5)

Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—

(a)

the person, if any, previously appointed under section 293I to determine the application concerned,

(b)

the applicant, and

(c)

the local planning authority.

(6)

Where a direction is given under subsection (4) in relation to a direct application—

(a)

anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and

(b)

subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.

Annotations

Textual amendments

F1: Ss. 293B-293J inserted (26.12.2023 for specified purposes, 1.5.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 109(2), 255(3) (with s. 247); S.I. 2025/430, reg. 2(a)

Notes on Part XIII

Modifications

C1

Pt. XIII (ss. 293-302) modified (17.7.1992) by S.I. 1992/1732, art. 2(1)(2)

Pt. XIII (ss. 293-302) extended (17.7.1992) by S.I. 1992/1732, art. 2(1)(a)