Commentary on provisions of the Act Part 3: Approvals: supplementary Appeals
Paragraphs 22 to 25 make provision about appeals to the Secretary of State for Transport and the Secretary of State for Communities and Local Government acting jointly, where the nominated undertaker is aggrieved by a decision of the planning authority on a request for approval. The nominated undertaker may appeal within 42 days of the decision or of the period for making a decision having ended. The period for making a decision is 8 weeks unless a longer period is agreed between the nominated undertaker and the planning authority. The Secretaries of State may make regulations prescribing the form to be used when appealing, and about the decision period in cases where fees are paid by cheque.
	An appeal is determined by an appointed person unless the Secretaries of State direct that they should decide it. An appeal is decided by written representations unless the person deciding it thinks a hearing is required.
	Under paragraph 25(2) to (4), the Secretary of State for Transport and the Secretary of State for Communities and Local Government may make regulations about the procedure to be followed with respect to appeals.