Localism Bill

170CC: After Clause 124, insert the following new Clause— ““Community right of appeal (1) The Town and Country Planning Act 1990 is amended as follows. (2) In section 70 (determination of applications: general considerations)— (a) in subsection (1)(a), after the first ““subject to”” insert ““subsection (2A) and””, (b) after subsection (2) insert— ““(2A) Where the planning authority decides under this section to grant a permission for an application which falls within one of the categories, and meets any of the conditions specified in section 78(2A)— (a) in case where no appeal is lodged against the decision, it shall make the grant as soon as may be specified in a development order after the expiration of the period for the lodging of an appeal; (b) in case where an appeal or appeals is or are lodged against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals— (i) are withdrawn, or (ii) are dismissed by the Secretary of State.”” (3) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert— ““(2A) Where a planning authority grants an application for planning permission, and— (a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or (b) the application is one in which the authority has an interest as defined in section 316; certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met. (2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) above are— (a) a ward councillor for the area; (b) any parish council covering or adjoining the area of land to which the application relates; or (c) any overview and scrutiny committee for the area. (2C) The conditions are— (a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application; (b) the application is accompanied by an environmental impact assessment; (c) the planning officer has recommended refusal of planning permission.”” (4) In section 78, after subsection (4D) insert— ““(4E) For appeals lodged under subsection (2A), a notice must be served no later than 28 days from the date of notification of the decision.”” (5) Section 79 is amended as follows— (a) in subsection (2), omit ““either”” and the words after ““planning authority”” and insert ““or the applicant (where different from the appellant)””; (b) in subsection (6), after ““the determination””, insert ““except for appeals as defined in section 78(2A) and where the appellant is as defined in section 79(2B)).””””