Regulations 14 and 17

SCHEDULE 4E+WMODIFICATIONS OF THE ACT

[F1PART 1E+WMODIFICATIONS OF SECTION 70A OF THE ACT

Textual Amendments

1.  In section 70A of the Act—E+W

(a)in subsection (1), for paragraph (a), substitute—

“(a)the condition in subsection (3) or (4) is satisfied, and”;

(b)after subsection (1) insert the following subsection—

“(1A) A local planning authority may decline to determine a relevant application if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.”;

(c)omit subsection (2);

(d)in subsection (3), for “in that period”, substitute “in the period of two years ending with the date on which the application mentioned in subsection (1) is received”;

(e)for subsection (5) substitute—

“(5) A relevant application is an application under regulation 9 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for express consent to display an advertisement.”;

(f)in subsection (6), at the end of paragraph (b), insert—

“including, in particular, the factors relevant to amenity and public safety that the local planning authority are required to take into account when exercising their powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007” ;

(g)in subsection (7), in paragraph (a), for “subsections (2) and (4)”, substitute “subsection (4)”; and

(h)in subsection (8)—

(i)for “planning permission”, substitute “express consent”; and

(ii)for “the development”, substitute “the subject matter of”.]

[F2PART 2E+WSECTION 70A OF THE ACT AS MODIFIED

Textual Amendments

70A.—(1) A local planning authority may decline to determine a relevant application if—E+W

(a)the condition in subsection (3) or (4) is satisfied, and

(b)the authority think there has been no significant change in the relevant considerations since the relevant event.

(1A) A local planning authority may decline to determine a relevant application if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.

……subsection (2) omitted

(3) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 78(2) in respect of a similar application.

(4) The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal.

(5) A relevant application is an application under regulation 9 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for express consent to display an advertisement.

(6) The relevant considerations are—

(a)the development plan so far as material to the application; and

(b)any other material considerations including, in particular, the factors relevant to amenity and public safety that the local planning authority are required to take into account when exercising their powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

(7) The relevant event is—

(a)for the purposes of subsection (4) the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(8) An application for express consent is similar to another application if (and only if) the local planning authority think that the subject matter of and the land to which the applications relate are the same or substantially the same.]

PART 3E+WMODIFICATIONS OF SECTIONS 78 AND 79 OF THE ACT(APPLICATIONS FOR EXPRESS CONSENT)

1.  In section 78 of the Act—E+W

(a)in subsection (1), for paragraphs (a) to (c) substitute “ refuse an application for express consent or grant it subject to conditions, ”;

(b)for subsection (2) substitute—

“(2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.”;

(c)for subsection (3) substitute the following subsections—

[F3“(3) An applicant who wishes to appeal under subsection (1) or (2) shall give notice of appeal to the Secretary of State by—

(a)serving on the Secretary of State within—

(i)8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2); or

(ii)such longer period as the Secretary of State may, at any time, allow,

a completed appeal form, obtained from the Secretary of State; and

(b)serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable.]

(3A) The [F4appeal form mentioned in subsection (3)(a)] 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 the authority's decision (if any); and

(d)any other relevant correspondence with the authority.”;

[F5(d)omit subsection (4);

(da)omit subsections (4A) to (4D); and]

(e)in subsection (5), omit the references to sections [F679(3),] 253(2)(c) and 266(1)(b).

Textual Amendments

2.  In section 79 of the Act—E+W

(a)after subsection (1) insert—

“(1A) The Secretary of State may, in granting an express consent, specify that its term shall run for such longer or shorter period than 5 years as he considers expedient, having regard to the interests of amenity (including aural amenity) and public safety, and taking into account—

(a)relevant provisions of any applicable development plan;

(b)the factors referred to in regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007; and

(c)any period specified in the application for consent.”;

(b)omit [F7subsections (2) to (4)];

(c)in subsection (5), for “such an appeal shall be final”, substitute “ an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority ”;

(d)in subsection (6)—

(i)omit “such”; and

(ii)for the words from “an application for planning permission” to “planning permission for that development”, substitute “ in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent ”; and

(e)in subsection (6A), after the word “appeal”, the first time it appears, insert “ as is mentioned in subsection (6) ”.

Textual Amendments

PART 4E+WSECTIONS 78 AND 79 OF THE ACT AS MODIFIED

78.—(1) Where a local planning authority refuse an application for express consent or grant it subject to conditions, the applicant may by notice appeal to the Secretary of State.E+W

(2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.

[F8(3)  An applicant who wishes to appeal under subsection (1) or (2) shall give notice of appeal to the Secretary of State by—

(a)serving on the Secretary of State within—

(i)8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2); or

(ii)such longer period as the Secretary of State may, at any time, allow,

a completed appeal form, obtained from the Secretary of State; and

(b)serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable.]

(3A) The [F9appeal form mentioned in subsection (3)(a)] 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 the authority's decision (if any); and

(d)any other relevant correspondence with the authority.

F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of the application of sections 79(1) [F11, 288(10)(b) and 319A(7)(b)] in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Textual Amendments

79.—(1) On appeal under section 78 the Secretary of State may—E+W

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(1A) The Secretary of State may, in granting an express consent, specify that its term shall run for such longer or shorter period than 5 years as he considers expedient, having regard to the interests of amenity (including aural amenity) and public safety, and taking into account—

(a)relevant provisions of any applicable development plan;

(b)the factors referred to in regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007; and

(c)any period specified in the application for consent.

F12(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

(5) The decision of the Secretary of State on an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.

(6) If, before or during the determination of an appeal in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent—

(a)could not have been granted by the local planning authority; or

(b)could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

(6A) If at any time before or during the determination of such an appeal as is mentioned in subsection (6) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(7) Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.

Textual Amendments

PART 5E+WMODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)

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) (England) Regulations 2007 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.

[F13(2) A person who wishes to appeal under subsection (1) shall give notice of appeal to the Secretary of State by—

(a)serving on the Secretary of State—

(i)before the date on which the discontinuance notice is due to take effect under regulation 8(4), taking into account where appropriate of any extension of time under regulation 8(6), of those Regulations; or

(ii)such longer period as the Secretary of State may allow,

a completed appeal form, obtained from the Secretary of State; and

(b)serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable.]

(3) [F14The appeal form mentioned in subsection (2)(a)] shall be accompanied by a copy of each of the following documents—

(a)the discontinuance notice;

(b)any notice of variation; and

(c)any relevant correspondence with the authority.

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

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)subject to subsection (1A)—

(i)correct any defect, error or misdescription in the discontinuance notice; or

(ii)reverse or vary any part of the notice (whether the appeal relates to that part of it or not),

and 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.

(1A) The Secretary of State may take any action mentioned in subsection (1)(b) only if he is satisfied that the correction, reversal or variation will not cause injustice to the appellant or the local planning authority.”.

[F16(aa)omit subsections (2) and (3);]

(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.”;

(c)omit subsection (6); and

(d)in subsection (6A), after the word “appeal”, the first time it appears, insert “ in respect of a discontinuance notice ”.

Textual Amendments