Section 79 Determination of appeals.C41 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39

England and Wales

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

s. 79(1A)-(3A) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 48(a)
s. 79(4) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 48(b)(i)
s. 79(4)(a) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 48(b)(ii)
s. 79(4)(b) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 48(b)(ii)

(1)

On an appeal under section 78 the Secretary of State may—

(a)

allow or dismiss the appeal, or

(b)

reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

F1(1A)

On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B)

But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.

C40(2)

Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

F2(3)

Subsection (2) does not apply to—

(a)

an appeal referred to a Planning Inquiry Commission under section 101; or

(b)

an appeal against a decision of a local planning authority in England.

F3(3A)

Subsection (2) does not apply to an appeal to the Welsh Ministers.

(4)

Subject to F4subsection (2)—

(a)

sectionsF570, 72(1) and (5), 73 and 73A and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 F6in respect of an application within section 78(1)(a), (b) or (c) as they apply in relation to an application for planning permission which falls to be determined by the F7local planning authority;

(b)

section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;

andF8a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71.

(5)

The decision of the Secretary of State on such an appeal shall be final.

(6)

If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development—

(a)

could not have been granted by the local planning authority; or

(b)

could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

F9(6ZA)

If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.

F10(6A)

If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(7)

Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.