Historic Environment (Wales) Act 2023

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

174 Choice of inquiry, hearing or written procedure

(1) The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.

(2) A determination must provide for the proceedings to be considered in one or more of the following ways—

(a) at a local inquiry;

(b) at a hearing;

(c) on the basis of representations in writing.

(3) The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.

(4) A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.

(5) The Welsh Ministers must notify the following persons of a determination—

(a) the applicant or appellant (as appropriate), and

(b) the planning authority concerned.

(6) The Welsh Ministers must publish the criteria they will apply in making determinations.

(7) This section applies to the following proceedings—

(a) an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(b) an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(c) an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(d) an appeal under section 127 (appeal against enforcement notice).

(8) The Welsh Ministers may by regulations amend subsection (7) to—

(a) add proceedings under or by virtue of Part 3, Part 4 or this Part,

(b) remove proceedings, or

(c) modify a description of proceedings.

175 Procedural requirements

(1) The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with—

(a) proceedings on any application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The regulations may include provision about—

(a) the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

(b) the conduct of proceedings.

(3) The regulations may include provision about the procedure to be followed—

(a) where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

(c) where steps have been taken in pursuance of such a direction and a further direction is given revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

(4) The regulations may—

(a) specify a time limit within which a party to proceedings must submit representations in writing and any supporting documents, or enable the Welsh Ministers to give directions setting the time limit in a particular case or in cases of a particular description;

(b) enable the Welsh Ministers to proceed to a decision taking into account only the representations in writing and supporting documents that were submitted within the time limit;

(c) enable the Welsh Ministers, after giving the parties notice in writing of their intention to do so, to proceed to a decision even though no representations in writing were submitted within the time limit, if they consider that they have sufficient material before them to enable them to reach a decision on the merits of the case.

(5) The regulations may also make provision about the circumstances in which—

(a) a direction about the payment of the Welsh Ministers’ costs may be given under section 180;

(b) an order about the payment of a party’s costs may be made under section 181.

(6) The regulations may provide that in circumstances specified in the regulations a matter may not be raised in proceedings on an appeal to the Welsh Ministers unless—

(a) the matter was previously raised before a time specified in the regulations, or

(b) it is shown that the matter could not have been raised before that time.