SCHEDULES

F1SCHEDULE 4DEXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO THE WELSH MINISTERS

Annotations:
Amendments (Textual)
F1

Sch. 4D inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 1; S.I. 2016/52, art. 3(d)

Power of Welsh Ministers to exercise functions in place of appointed person

9

The Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application or consent, by them instead of by a person appointed under paragraph 1 or paragraph 2.

10

A copy of a direction given under paragraph 9 in respect of a relevant application or consent is to be served on—

a

the person (if any) appointed, in respect of the application or consent, under paragraph 1 or 2;

b

the applicant;

c

in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

11

1

Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application or consent is to be made by the Welsh Ministers instead of a person appointed under paragraph 1 or 2.

2

In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph 1 or 2 in respect of the application.

12

Subject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application or consent concerned is to be treated as though no appointment under paragraph 1 or 2 had ever been made.

13

1

The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application or consent concerned has been made.

2

On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on—

a

the person, if any, previously appointed under paragraph 1 or 2 in respect of the application or consent;

b

the applicant;

c

in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

3

Where a direction is given under this paragraph—

a

the Welsh Ministers must appoint a person (the “new appointee”) under paragraph 1 or 2, as the case may be, in respect of the application or consent,

b

anything done by or on behalf of the Welsh Ministers in connection with the application or consent that might have been done by a person appointed under paragraph 1 or 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and

c

subject to that, this Schedule applies as if no direction under paragraph 9 had been given.