PART VE+WMODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)
Commencement Information
I1Sch. 4 Pt. V in force at 6.4.1992, see reg. 1
1. In section 78 for subsections (1) to (5) substitute—E+W
“(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1992 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.
(2) Notice of appeal shall be given in writing to the Secretary of State at any time before the date on which the discontinuance notice is due to take effect under regulation 8(3), taking account where appropriate of any extension of time under regulation 8(5), of those Regulations, or such longer period as the Secretary of State may allow, and the notice shall be accompanied by a copy of each of the following documents—
(a)the discontinuance notice;
(b)any notice of variation thereof; and
(c)any relevant correspondence with the authority.
(3) Where an appeal is brought under this section, the Secretary of State may require the appellant 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 discontinuance notice 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 appellant and the local planning authority, determine the appeal without complying with section 79(2).”.
2. In section 79—E+W
(a)for subsection (1) substitute—
“(1) Where an appeal is brought in respect of a discontinuance notice the Secretary of State may—
(a)allow or dismiss the appeal, or
(b)reverse or vary any part of the discontinuance notice (whether the appeal relates to that part of it or not),
and may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.”;
(b)for subsection (4) substitute—
“(4) On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.”;
(c)omit subsection (6);
(d)in subsection (6A), after the word “appeal” the first time it appears, insert “in respect of a discontinuance notice”.