Section 78: Right to appeal against planning decisions and failure to take such decisions., Town and Country Planning Act 1990

Where a local planning authority—

refuse an application for planning permission or grant it subject to conditions;

refuse an application for permission in principle;

refuse an application under section 74B (variation of condition relating to construction working hours);

refuse an application under section 93B (extension of certain planning permissions in England: additional environmental approval);

refuse an application under section 93F (outline planning permission: extension of limits for beginning development with additional environmental approval);

refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or

refuse an application for any approval of that authority required under a development order , a local development order or a neighbourhood development order or grant it subject to conditions,

the applicant may by notice appeal to the Secretary of State.

A person who has made such an application to the local planning authority may also appeal to the Secretary of State if the local planning authority have done none of the following—

given notice to the applicant of their decision on the application;

given notice to the applicant that they have exercised their power under section 70A or 70B or 70C or 70D to decline to determine the application;

given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,

within such period as may be prescribed by the development order or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations) or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A.

The time prescribed for the service of such a notice must not be less than—

28 days from the date of notification of the decision; or

in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.

An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—

the land to which the application relates is in Wales,

granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and

on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.

An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—

the land to which the application relates is in Wales,

an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and

on the determination of that appeal, the condition was not discharged under section 177.

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Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.

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For the purposes of the application of sections 79(1) and (3), 253(2)(c), 266(1)(b) , 288(10)(b) , 319A(7)(b) and 319B(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

Section 78: Right to appeal against planning decisions and failure to take such decisions.

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