79 Determination of appeals
79 Determination of appeals

(1)     On an appeal under section 78 the Secretary of State may—

(a)     allow or dismiss the appeal, or

(b)     reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

[(1A)     On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B)     But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.]

(2)     Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)     Subsection (2) does not apply to an appeal referred to a Planning Inquiry Commission under section 101.