# The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
Section 78 of the Town and Country Planning Act 1990 (“the Act”) confers a right of appeal against certain planning decisions of a local planning authority and against cases where a local planning authority fails to notify such a planning decision within prescribed periods.
Section 319A of the Act was inserted by section 196 of the Planning Act 2008. The Secretary of State has the power under section 319A of the Act to determine the procedure to be used to determine an appeal under section 78. The procedure adopted may be at a local inquiry, at a hearing or on the basis of representations in writing.
These Regulations lay down the procedure and time limits in connection with appeals under section 78 of the Act which are to be considered on the basis of representations in writing. They revoke and replace, with some changes, the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 (“the 2000 Regulations”), subject to the transitional and saving provisions in regulation 20.
The main changes made by the Regulations are the introduction of a new, expedited procedure in Part 1 of the Regulations. This applies where the Secretary of State has determined under section 319A of the Act that a householder appeal shall be dealt with on the basis of representations in writing.
Where Part 1 of the Regulations apply, the main changes to the procedure are—
(a) that the local planning authority must send a completed questionnaire, and associated documents, within 5 working days of the starting date (regulation 5);
(b) interested parties are notified of the appeal and are given the opportunity to withdraw any representations they made in relation to the application, but they are not given the opportunity to make any further representations in relation to the appeal (regulation 6);
(c) the appellant and local planning authority are not given an opportunity to comment on each others representations (regulation 7); and,
(d) the Secretary of State may proceed to a decision on an appeal taking into account only those representations which were submitted within the relevant time limits, where it appears that there is sufficient material to enable a decision to be reached and after giving written notice of the intention to do so (regulation 10).
The Secretary of State may, where appropriate transfer an appeal from Part 1 procedures and continue to deal with it under Part 2 (regulation 9). If it is determined that the appeal should no longer proceed on the basis of representations in writing, the Secretary of State may make a subsequent determination under section 319A(4)of the Act to vary the original determination as to procedure so that the appeal is considered at a local inquiry or at a hearing.
There are minor changes to the procedures in the 2000 Regulations, which are now replaced by Part 2 of the Regulations.
An impact assessment has been prepared in relation to these Regulations. This assessment has been placed in the Library of each House of Parliament and copies may be obtained from PSID, Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (telephone 020 7944 4817).

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Source: https://www.legislation.gov.uk/uksi/2009/452/note (the official version)
Page: https://openlegislation.uk/town-and-country-planning-appeals-written-representations-procedure-england-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.