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by Munro Research

Planning Applications (Appeals by Town and Parish Councils) Bill


Official Summary

A Bill to allow town and parish councils to appeal against the granting of planning permission in their area in certain circumstances; to make provisions for Wales; and for connected purposes.

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Overview

This bill grants town and parish councils in England and Wales the right to appeal planning permission decisions made by local authorities, provided certain conditions are met. This right of appeal applies when a council has recommended rejection of an application on planning grounds and the local authority approves it.

Description

Appeal Rights

Town and parish councils can appeal planning permission grants if they previously recommended rejection based on material planning considerations, or any other considerations specified by the Secretary of State through regulations. Appeals must be lodged within six weeks of the permission grant. The losing party in the appeal will bear the costs.

Welsh Application

The Welsh Assembly can adapt the Act for application to Welsh town and community councils.

Legal Provisions

Regulations made under the Act are subject to parliamentary annulment. The Act's short title is the Planning Applications (Appeals by Town and Parish Councils) Act 2012. The Act extends to England and Wales and comes into force on the day it is passed.

Government Spending

The bill doesn't specify direct government spending figures. Costs associated with the appeals process will be borne by the unsuccessful party (either the council or the applicant).

Groups Affected

  • Town and Parish Councils: Granted the right to appeal planning decisions, potentially increasing their influence on local development.
  • Local Planning Authorities: Subject to potential appeals, leading to increased workload and potential delays in development projects.
  • Planning Applicants: May face delays and increased costs if a council appeals a granted permission.
  • Residents: May experience both positive (more community input in planning) and negative (more delays) effects depending on the outcome of appeals.

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