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The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2015

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PART 1Procedure for Householder, Advertisement Consent and Minor Commercial Appeals

Notification of receipt of appeal

4.  The Welsh Ministers must, as soon as practicable after a determination has been made under section 319B of the Act, advise the appellant and the local planning authority in writing—

(a)of the starting date;

(b)of the reference number allocated to the appeal;

(c)that the appeal will follow the procedures set out in Part 1 of these Regulations; and

(d)of the address to which written communications to the Welsh Ministers about the appeal are to be sent.

Questionnaire

5.  The local planning authority must send to the Welsh Ministers, and copy to the appellant, so as to be received within 5 working days of the starting date—

(a)a completed questionnaire; and

(b)a copy of each of the documents referred to in it.

Notice to interested parties

6.—(1) The local planning authority must give written notice of the appeal within 5 working days of the starting date to—

(a)any person notified or consulted in accordance with the Act or a development order about the application; and

(b)any other person who made representations to the local planning authority about that application.

(2) A notice under paragraph (1) must—

(a)state the name of the appellant and the address of the site to which the appeal relates;

(b)describe the development to which the application relates;

(c)set out the matters notified to the appellant and the local planning authority under regulation 4; and

(d)state that any representations made to the local planning authority in relation to the application, before it was determined, will be sent to the Welsh Ministers and the appellant by the local planning authority and will be considered by the Welsh Ministers when determining the appeal unless they are withdrawn in writing within 4 weeks of the starting date.

Representations

7.—(1) The relevant notice and the documents accompanying it comprise the appellant’s representations in relation to the appeal.

(2) The completed questionnaire and documents sent with it comprise the local planning authority’s representations in relation to the appeal.

(3) The Welsh Ministers must, as soon as practicable after receipt, send a copy of the representations made by the local planning authority to the appellant and must send a copy of the representations made by the appellant to the local planning authority.

Further information

8.—(1) The Welsh Ministers may in writing require the appellant, local planning authority and other interested persons, to provide such further information relevant to the appeal as may be specified.

(2) Such information must be provided in writing within such period as the Welsh Ministers may specify.

(3) The Welsh Ministers may disregard any further information unless that information has been provided pursuant to paragraph (1).

Transfer of appeal from Part 1

9.—(1) At any time before an appeal is determined, the Welsh Ministers may determine that the procedures set out in this Part are no longer suitable for that appeal.

(2) Where such a determination is made the Welsh Ministers must notify the appellant and the local planning authority in writing that—

(a)the appeal is to be transferred from the procedures set out in Part 1 of these Regulations; and

(b)the appeal will proceed in accordance with Part 2 of these Regulations to such extent as the Welsh Ministers may specify having regard to any steps already taken in relation to those proceedings.

Decision on householder, advertisement consent and minor commercial appeals under Part 1

10.—(1) The Welsh Ministers may, after giving the appellant and the local planning authority written notice of the intention to do so, proceed to a decision on an appeal taking into account only those representations which have been sent within the relevant time limits, where it appears that there is sufficient material to enable a decision to be reached.

(2) In paragraph (1) “relevant time limits” (“terfynau amser perthnasol”) means the time limits prescribed by these Regulations, or where the Welsh Ministers have exercised the power under regulation 19, any later time limit.

Notification of decision on householder, advertisement consent and minor commercial appeals under Part 1

11.  The Welsh Ministers must notify the decision on an appeal, and their reasons for reaching that decision, in writing to—

(a)the appellant;

(b)the local planning authority;

(c)any interested person who has asked to be notified of the decision; and

(d)any other person who has asked to be notified of the decision whom the Welsh Ministers consider it reasonable to notify.

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