Section 21: Determination of planning and similar appeals by persons appointed by the Minister., Town and Country Planning Act 1968

An appeal to which this section applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Minister, be determined by a person appointed by the Minister for the purpose instead of by the Minister.

This section applies to—

appeals under section 23 of the principal Act (planning decisions), as originally enacted or as applied by or under any other provision of that Act;

appeals under section 14 of the Civic Amenities Act 1967 (default powers and appeals in connection with tree preservation orders);

appeals under section 16 of this Act, as originally enacted or as applied by regulations under any provision of the principal Act;

appeals under section 18(2) of this Act;

appeals under Schedule 5 to this Act.

Regulations made for the purpose of this section may provide for the giving of publicity to any directions given by the Minister under subsection (1) above.

Subsection (1) above shall not affect any provision contained in this Act or the principal Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Minister.

A person appointed under this Part of this Act to determine an appeal shall have the like powers and duties in relation to the appeal as the Minister under whichever are relevant of the following provisions, that is to say—

in relation to appeals under section 23 of the principal Act, subsections (4) and (6) of that section;

in relation to appeals under section 14 of the Civic Amenities Act 1967, sections 16(4) and (5) above ;

in relation to appeals under section 16 of this Act, subsections (4) to (6) of that section;

in relation to appeals under section 18 of this Act, subsections (2) and (3) of that section ;

in relation to appeals under paragraph 7 of Schedule 5 to this Act, sub-paragraph (3) of that paragraph;

in relation to appeals under paragraph 18 of that Schedule, sub-paragraphs (4) and (5) of that paragraph.

The provisions of section 23(5) of the principal Act, sections 16(2) and 18(4) above and paragraphs 7(4) and 18(2) of the said Schedule 5, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Minister, shall not apply to an appeal which falls to be determined by a person appointed under this Part of this Act, but before the determination of any such appeal the Minister shall ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—

the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ; and

the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

Where an appeal to which this section applies has been determined by a person appointed under this Part of this Act, his decision shall be treated as that of the Minister and—

except as provided by Part XI of the principal Act, the validity of his decision shall not be questioned in any proceedings whatsoever;

it shall not be a ground of application to the High Court under section 179 of that Act, or of appeal to the High Court under section 180 or 181 thereof, that the appeal ought to have been determined by the Minister and not by that person, unless the challenge to the person's power to determine the appeal was made (either by the appellant or the local planning authority) before his decision on the appeal was given.

Where in any enactment (including this Act) there is a reference to the Minister in a context relating or capable of relating to an appeal to which this section applies, or to any thing done or authorised or required to be done by, to or before the Minister on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by a person appointed under this Part of this Act, as a reference to that person.

Section 21: Determination of planning and similar appeals by persons appointed by the Minister.

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