Article 5 Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State

After article 12B of the 1988 Order (inserted by article 4 of this Order) insert—

“Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State

12C

(1)

Articles 12 and 12A apply to any appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990 as they apply to applications for planning permission.

(2)

Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 12B in respect of an application for the planning permission at the time the application is referred to the Secretary of State under section 77 of that Act, or any appeal to the Secretary of State is made under section 78 of that Act, article 12B shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.

(3)

Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 12B, they shall inform the Secretary of State that they have done so.”.