The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2008

• Citation: S.I. 2008/595
• Sections: 3

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) (England) Regulations 2008 and shall come into force on 6th April 2008.

(2) These Regulations apply in relation to England only.

Section 2 Amendment of Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997

(1) The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 are amended as follows.

(2) In regulation 3 (classes of appeal for determination by appointed persons)—

(a) in sub-paragraph (a) of paragraph 1, at the end add, “and appeals under that section as applied by section 198(3)(c) and (4) of the principal Act (appeals concerning tree preservation orders)”; and

(b) at the end of paragraph (1), add—

(d) appeals under section 208 of the principal Act (appeals against section 207 notices – replacement of trees);

(e) appeals under paragraph 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995 (appeals against the determination of conditions to be attached to mineral permissions).

(3) At the end of regulation 3, add—

(3) Appeals under section 21 of the Planning (Hazardous Substances) Act 1990 (appeals against decisions or failure to take decisions relating to hazardous substances) are prescribed, for the purposes of paragraph 1 of the Schedule to the Planning (Hazardous Substances) Act 1990, as classes of appeals which are to be determined by a person appointed by the Secretary of State instead of by the Secretary of State.

(4) In regulation 4 (classes of appeal reserved for determination by the Secretary of State), omit paragraph (f).

Section 3 Saving

These Regulations do not apply to any appeal in respect of which notice of appeal was given to the Secretary of State before these Regulations come into force.