New Clause 27 - Qualified third party right of appeal
Planning and Compulsory Purchase (Re-committed) Bill
9:10 am
Mr Alan Hurst (Braintree, Labour)
I remind the Committee that with this we are discussing new clause 47—Appeals (non-compliance with development plan)—
'1. After section 78, subsection (2), of the principal Act there is inserted—(2A){**em**}Where a local planning authority approves an application for planning permission and—
(a) the planning application does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or
(b) the planning application is one in which the local authority has an interest as defined in section 316;
the persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified above are—
(a) any persons who have lodged a formal objection to the planning application in writing to the planning authority for the area in which the land to which the application relates is situated;
(b) other persons at the discretion of a person appointed by the Secretary of State for that purpose.''
2. Section 79 of the principal Act is amended as follows—
''In subsection (2), leave out (''either'') and after ''planning authority'' insert ''or the applicant (where different from the appellant).''
In subsection (6), after ''the determination'' insert ''(except for appeals as defined in section 78(2A) and where the appellant is as defined in section 78(2B)''.'.