Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/420 |
| Year | 1997 |
1997 No. 420
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
Made 24th February 1997
Laid before Parliament 3rd March 1997
Coming into force 24th March 1997
The Secretary of State, in exercise of the powers conferred on him by section 333 of and paragraph 1 of Schedule 6 to the Town and Country Planning Act 19901and section 93 of and paragraph 1 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 19902, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 and shall come into force on 24th March 1997.
(2) These Regulations apply to appeals within the classes prescribed in regulation 3 in respect of which notice is given on or after the coming into force of these Regulations.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the principal Act” means the Town and Country Planning Act 1990;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“statutory undertakers” means statutory undertakers within the meaning of section 262 of the principal Act and other persons who, by virtue of subsection (3) or (6) of that section3, are deemed to be statutory undertakers for the purposes of section 266 of that Act.
Classes of appeal for determination by appointed persons
3.—(1) Except as provided by regulation 4 below, the following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 6 to the principal Act as appeals to be determined by a person appointed by the Secretary of State instead of by the Secretary of State—
(a)
(a) appeals under section 78 of the principal Act (appeals against planning decisions and failure to take such decisions), including appeals under that section as applied by regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 19924(appeals against refusal of or failure to take decision on an application for express consent to display an advertisement);
(b)
(b) appeals under section 174 of the principal Act (appeals against enforcement notices);
(c)
(c) appeals under section 195 of the principal Act (appeals against refusal of or failure to give decision on an application for a certificate of lawfulness of existing or proposed use or development).
(2) Except as provided by regulation 4 below, the following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Listed Buildings Act as appeals to be determined by a person appointed by the Secretary of State instead of by the Secretary of State—
(a)
(a) appeals under section 20 of the Listed Buildings Act (listed building consent), including appeals under that section as having effect by virtue of section 74 of that Act (conservation areas);
(b)
(b) appeals under section 39 of the Listed Buildings Act (listed building enforcement notices), including appeals under that section as having effect by virtue of section 74 of that Act.
Classes of appeal reserved for determination by the Secretary of State
4. Regulation 3 above shall not apply in the following classes of case—
(a) appeals under section 78 of the principal Act by statutory undertakers where the relevant application related to land to which section 266 of that Act applies;
(b) appeals under section 174 of the principal Act by statutory undertakers where the breach of planning control alleged in the enforcement notice consists in the carrying out of development on land to which section 266 of that Act applies, or failure to comply with a condition or limitation on a grant of planning permission for development of any such land;
(c) appeals under section 174 of the principal Act relating to development in respect of which an environmental statement is required for the purposes of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 19955;
(d) appeals under section 20 of the Listed Buildings Act (listed building consent) concerned with Grade I and II* listed buildings;
(e) appeals under...
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