Section 323: Procedure on certain appeals and applications: England., Town and Country Planning Act 1990

The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings in England under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 apply.

The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.

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Regulations under this section may in particular make provision as to the procedure to be followed—

where steps have been taken with a view to the holding of an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply which does not take place, or

where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

Regulations under this section may also—

provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)—

directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act;

orders for costs may be made under section 250(5) of that Act as so applied.

Section 323: Procedure on certain appeals and applications: England.

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