Explanatory note
(This note is not part of the Regulations)
Section 36 of the Town and Country Planning Act 1971 confers a right of appeal against certain planning decisions of local planning authorities. Its provisions are extended, by section 37 of the Act, to cases where a local planning authority fails to notify such a planning decision within prescribed periods.
An appellant and the local planning authority are entitled in any appeal proceedings to appear before and be heard by a person appointed by the Secretary of State but they may agree to the appeal being determined on the basis of written representations and supporting documents.
These Regulations lay down the procedure and time limits in connection with appeals to be disposed of on the basis of written representations.
Where the Regulations apply—
the Secretary of State is required to give immediate notice of receipt of an appeal to the local planning authority (regulation 4);
the local planning authority must give specified information to interested third parties (regulation 5) and must also complete a questionnaire and return it to the Secretary of State together with copies of related documents, including representations already made by interested third parties (regulation 6);
representations, including any supporting documents, must be submitted to the Secretary of State within prescribed time limits (regulation 7), but the Secretary of State may set later time limits in particular cases (regulation 8);
after the expiry of the relevant time limits the Secretary of State may proceed to a decision on the appeal: but where representations have not been made by the parties he must give notice of intention (regulation 9).
By virtue of paragraph 2(4) of Schedule 9 to the 1971 Act these regulations apply to appeals transferred, in accordance with regulations made under that Schedule, for determination by an appointed person as they apply in relation to appeals to be determined by the Secretary of State.
A copy of the appeals questionnaire referred to in these Regulations may be obtained from the Department of the Environment, Tollgate House, Houlton Street, Bristol BS2 9DT, or, as respects appeals arising in Wales, from the Welsh Office, Cathays Park, Cardiff CF1 3NQ.