Localism Bill

AMENDMENT
TO BE MOVED
ON REPORT
[Supplementary to the Revised Fourth Marshalled List]

After Clause 130

LORD REAY

 

Insert the following new Clause—

“Determination of appeals

(1) Section 79 (determination of appeals) of the Town and Country Planning Act 1990 is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsection 1A,”.

(3) After subsection (1) insert—

“(1A) The Secretary of State may only overturn a local planning decision if

(a) the Secretary of State has reason to believe the decision is unlawful;

(b) has reason to believe that due process was not followed; or

(c) the proposed development does not contravene materially the local development plan.””

Prepared 22nd September 2011