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Section 78A: Appeal made: functions of local planning authorities

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

This section applies if a person who has made an application mentioned in section 78(1)(a) or (aa) appeals to the Secretary of State under section 78(2).

At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).

If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

the appeal must be treated as an appeal under section 78(1) against the refusal;
the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant an application mentioned in section 78(1)(a) subject to conditions the Secretary of State must give the person making the appeal the opportunity—

to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
to revise the grounds of the appeal;
to change any option the person has chosen relating to the procedure for the appeal.

The Secretary of State must not issue his decision on the appeal before the end of the additional period.

The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.