Citation, commencement, interpretation and application

1. —(1) This Order may be cited as the Town and Country Planning (Timetable for Decisions) (England) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order—

“called-in application” means an application for planning permission or for the approval of any local planning authority required under a development order which has been referred to the First Secretary of State under section 77( 2 ) of the Act;

“section 78 appeal” means an appeal under section 78( 3 ) of the Act;

“the Act” means the Town and Country Planning Act 1990( 4 ); and

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990( 5 ).

(3) In this Order, any reference to “the First Secretary of State” shall, in relation to applications and appeals to which section 266 of the Act applies (applications for planning permission by statutory undertakers), be treated as a reference to the First Secretary of State and the appropriate Minister( 6 ).

(4) This Order applies in relation to England only.

Decisions to which a timetable is not to apply

2. —(1) A timetable is not to apply to a decision of the First Secretary of State on a section 78 appeal which is to be made by a person appointed by him( 7 ).

(2) A timetable is not to apply to a decision of the First Secretary of State on a section 78 appeal or a called-in application when connected with a decision—

(a) on an application referred to him under section 76A( 8 ) of the Act (major infrastructure projects); or

(b) which is to be made by a person other than him.

(3) A timetable is not to apply to a decision of the First Secretary of State to which paragraph 2 of Schedule 2 to the Planning and Compulsory Purchase Act 2004 applies (connected decisions) unless it is a decision to which paragraph (4) applies.

(4) Subject to paragraph (5), this paragraph applies to any of the following decisions which are connected with a decision on a section 78 appeal or a called-in application—

(a) a decision on an appeal against an enforcement notice under section 174( 9 ) of the Act;

(b) a decision on an appeal under section 78 of the Act as applied to applications for express consent for the display of advertisements by regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 1992( 10 ) (appeals to the Secretary of State);

(c) a decision on an appeal under section 208( 11 ) of the Act (appeals against section 207 notices requiring the replacement of trees);

(d) a decision on a compulsory purchase order made by a local authority under section 226( 12 ) of the Act (compulsory acquisition of land for development etc. ) or by the First Secretary of State under section 228( 13 ) of the Act (compulsory acquisition of land by the First Secretary of State);

(e) a decision on an application for listed building consent or conservation area consent referred to the First Secretary of State under section 12( 14 ) of the Listed Buildings Act or on an appeal to the First Secretary of State under section 20 of that Act.

(5) Paragraph (4) does not apply to a decision which is connected with a decision on a section 78 appeal or a called-in application to which, by virtue of paragraph (1) or (2), a timetable is not to apply.