Planning inquiries

Published by a ³ÉÈËÓ°Òô Planning expert
Practice notes

Planning inquiries

Published by a ³ÉÈËÓ°Òô Planning expert

Practice notes
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There is a right of appeal against most local planning authority (LPA) decisions on planning applications and related applications. For guidance on when a decision can be appealed, who can appeal and the appeal procedure, see Practice Note: Planning appeals—key points.

In England, section 319A of the Town and Country Planning Act 1990 (TCPA 1990) gives the Secretary of State (SoS) the power to determine the procedure for dealing with various planning appeals and applications. An equivalent power is found in TCPA 1990, s 319B for the Welsh Ministers in Wales. This applies to appeals generally, including those which fall to be re-determined after the quashing of a decision on an appeal. A determination under TCPA 1990, ss 319A and 319B must provide for the proceedings to be considered in one or more of the following ways, as appears to the SoS/Welsh Ministers to be appropriate: a local inquiry, a hearing or on the basis of written representations. The SoS, and from 26 December 2023 in England, the inspector, can vary the chosen procedure(s) up to the point at which the proceedings

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Jurisdiction(s):
United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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