# The Town and Country Planning (Control of Advertisements) Regulations 1989, Part II: sections 36 and 37 of the act as modified (applications for express consent) “36 (1) Where an application is made to a local planning authority for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 and is refused by that authority or granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State. (2) Notice of appeal shall be given in writing to the Secretary of State within 8 weeks from the date of receipt of notification of the local planning authority’s decision, or such longer period as the Secretary of State may at any time allow, and the notice shall be accompanied by a copy of each of the following documents:– (a) the application made to the local planning authority; (b) all relevant plans and particulars submitted to them; (c) the notice of decision; and (d) all other relevant correspondence with the authority. (2A) Where an appeal is brought under this section, the Secretary of State may require the applicant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify; and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the applicant and the local planning authority, determine the appeal without complying with subsection (4) of this section. (3) Where an appeal is brought under this section from a decision of a local planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary part of the decision of the local planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance. (3A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than five years as he considers expedient having regard to regulation 4 of the Regulations and any period specified in the application for consent. (4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 48 of this Act, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose. (6) The decision of the Secretary of State on any appeal under this section shall be final and shall otherwise have effect as if it were a decision of the local planning authority. (7) If, before or during the determination of an appeal under this section in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent could not have been granted by the local planning authority or could not have been granted by them otherwise than subject to the conditions imposed by them, he may decline to determine the appeal or to proceed with the determination of it. (8) Schedule 9 to this Act applies to appeals under this section, including appeals under this section as applied by or under any provision of this Act. 37 Where any such application as is mentioned in section 36(1) of this Act (as applied and modified by the Town and Country Planning (Control of Advertisements) Regulations 1989) is made to a local planning authority then, unless within the period of 8 weeks from the date when the application was received by the local planning authority, or within such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority, the local planning authority give notice to the applicant of their decision on the application, the provisions of section 36 of this Act (as so modified) shall apply in relation to the application as if the consent to which it relates had been refused by the local planning authority, and as if notification of their decision had been received by the applicant at the end of the period referred to above, or at the end of the said extended period, as the case may be.” --- Source: https://www.legislation.gov.uk/uksi/1989/670/schedule/4/part/II (the official version) Page: https://openlegislation.uk/town-and-country-planning-control-of-advertisements-regulations-1989/schedule-4/part-II Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.