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Section 88D: Determination of procedure for certain proceedings: ...

Planning (Listed Buildings and Conservation Areas) Act 1990 · 1990 c. 9View on legislation.gov.uk

Part III: General

The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Secretary of State to be ... appropriate—

at a local inquiry;
at a hearing;
on the basis of representations in writing.

The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

This section applies to—

an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority ...;
an appeal under section 20 against a decision of a local planning authority ...; and
an appeal under section 39 against a listed building enforcement notice issued by a local planning authority ....

The Secretary of State may by order amend subsection (7) to—

add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or
otherwise modify the descriptions of proceedings under this Act to which this section applies.

An order under subsection (8) may—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

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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.