§ After Clause 16, insert the following new clause:
§ Grant of certificate by Minister on referred application or appeal against refusa
§ ".—(1) The Minister may give directions requiring applications for established use certificates to be referred to him instead of being dealt with by local planning authorities and. on any such application being referred to him in accordance with such directions, section (Certification of established use) (4) above shall apply in relation to the Minister as it applies in relation to the local planning authority in the case of an application determined by them.
§ (2) Where an application is made to a local planning authority for an established use certificate and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Minister; and or any such appeal the Minister shall—
- (a) if and so far as he is satisfied that the authority's refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and
- (b) if and so far as he is satisfied that the authority's refusal is well-founded, dismiss the appeal.
§ (3) On an application referred to him under subsection (1) above or on an appeal to him under subsection (2) above, the Minister may, in respect of any use of land for which I an established use certificate is not granted (either by him or by the local planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.
§ (4) Before determining an application or appeal under this section the Minister shall, if either the applicant or appellant (as the case may be) or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.
1575§ (5) The decision of the Minister on an application referred to him, or on an appeal, under this section shall be final.
§ (6) In the case of any use of land for which the Minister has power to grant planning permission under this section, the applicant or appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application."
§ The Commons agreed to this Amendment and made the following consequential Amendment to the Bill:—
§ [No. 2]
§ Page 19, line 27, leave out "section 16(2)" and insert "sections 16(2) and (Grant of certificate by Minister on referred application or appeal against refusal) (4)".
§ BARONESS SEROTAMy Lords, I beg to move that this House doth agree with the Commons in their consequential Amendment No. 2. It inserts a missing "consequential" into Clause 19.
§ Moved, That this House doth agree with the Commons in their consequential Amendment No. 2.—(Baroness Serota.)
§ On Question, Motion agreed to.