Planning (Wales) Act 2015

22 Timetable for determining applications

In TCPA 1990, after section 62K (as inserted by section 21) insert—

“62L Timetable for determining applications

(1) This section applies where an application has been made to the Welsh Ministers under section 62D.

(2) The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period.

(3) The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers.

(4) A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3).

(5) The Welsh Ministers may by notice—

(a) suspend the running of the determination period in a particular case for a period specified in the notice;

(b) terminate, reduce or extend an existing period of suspension.

(6) Notice under subsection (5) must be given to—

(a) the person who made the application under section 62D,

(b) the local planning authority to which, but for section 62D, that application would have been made, and

(c) any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate.

(7) A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given).

(8) The Welsh Ministers must lay before the National Assembly for Wales annual reports on—

(a) their compliance with the duty imposed by subsection (2), and

(b) their exercise of the functions conferred by subsection (5).

(9) The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period.”