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Article 19 Representations to be taken into account

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

(1)

A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been—

(a)

given by site display under article 6 or 8, within 21 days beginning with the date when the notice was first displayed by site display;

(b)

served on—

(i)

an owner of the land or a tenant of an agricultural holding under article 6, or

(ii)

an adjoining owner or occupier under article 8,

within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them that he is such an owner, tenant or occupier; or

(c)

given by local advertisement under article 6 or 8, within 14 days beginning with the date on which the notice was published,

and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Actf1 (consultations in connection with determinations under section 70).

(2)

A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.

(3)

Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Actf2 (right to appeal against planning decisions and failure to take such decisions), as if the references to—

(a)

a local planning authority were to the Secretary of State, and

(b)

determining an application for planning permission were to determining such application or appeal, as the case may be.

Annotations

Footnotes

f1

Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

f2

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).