The Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009

• Citation: S.I. 2009/454
• Sections: 2

Section 1 Citation, commencement, application and interpretation

(1) The Regulations may be cited as the Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009, and shall come into force on 6th April 2009.

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

(3) In these Regulations “the 1990 Act ” means the Town and Country Planning Act 1990.

Section 2 Prescribed period

(1) For the purposes of section 319A(3) of the 1990 Act the prescribed period is seven working days from the date of receipt of a valid appeal.

(2) In paragraph (1)—

“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday;

“receipt of a valid appeal” means—

in relation to an appeal under section 78 of the 1990 Act, receipt by the Secretary of State of the completed form and the documents mentioned in article 23(1) of the Town and Country Planning (General Development Procedure) Order 1995 ; and

in relation to an appeal under section 174 of the 1990 Act, receipt by the Secretary of State of a notice of appeal under section 174(3) together with the statement of appeal submitted in accordance with regulation 6 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 .