ABSTRACT
The determination of planning applications invariably involves the weighing of conflicting interests, and each application involves an attempt by the applicant to carry out some form of development, the rights for which are vested in the State as a result of the Town and Country Planning Act 1947. This chapter focuses on the procedures and legal challenges to the manner in which decisions are taken. It is stressed that normally the aggrieved applicant's first recourse is to appeal to the Secretary of State (SoS), and that persons other than the aggrieved applicant only have recourse to the courts on a matter arising from the local planning authorities decision. The Town and Country Planning Environmental Impact Assessment (EIA) Regulations 1999 (SI 1998/293), require notice to be given, to the SoS in writing and the general public by local newspaper advertisement, of the determination of EIA applications.
