A
BILL
TO
Allow town and parish councils the right to appeal against the granting of
planning permission in their area in certain circumstances; to make provisions
for Wales; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
A town or parish council shall have the right to appeal against the granting of
planning permission in its area in the circumstances stated in subsection (2).
(2) 5The circumstances referred to in subsection (1) are—
(a)
that the town or parish council has recommended on planning grounds
that an application for planning permission in their area should be
rejected by the local planning authority; and
(b) the local planning authority has granted the application.
(3)
10In this section a recommendation on planning grounds means a
recommendation based upon—
(a) material considerations as specified by planning law; or
(b)
any other considerations that may be specified in regulations by the
Secretary of State.
(4)
15A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
(5)
Any appeal pursuant to this Act must be made within 6 weeks of the granting
of the application.
(6)
The costs of any appeal made pursuant to this section shall be paid by the
20unsuccessful party.
Planning Applications (Appeals by Town and Parish Councils) BillPage 2
The Welsh Assembly may make a statutory instrument applying this Act to
town and community councils, subject to such modifications as may be
specified in the instrument.
(1)
This Act may be cited as the Planning Applications (Appeals by Town and
Parish Councils) Act 2012.
(2) This Act comes into force on the day on which it is passed.
(3) This Act extends to England and Wales.