The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Wales) Regulations 2015

Classes of appeal for determination by appointed persons

3.—(1) Subject to regulation 4, the following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 6 to the principal Act as appeals to be determined by a person appointed by the Welsh Ministers—

(a) appeals under section 78 of the principal Act (appeals against planning decisions and failure to take such decisions), including appeals under that section as applied by regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 1992(1) (appeals against refusal of or failure to take decision on an application for express consent to display an advertisement) and appeals under that section as applied by section 198(3)(c) and (4) of the principal Act (appeals concerning tree preservation orders);

(b) appeals under section 174 of the principal Act (appeals against enforcement notices);

(c) appeals under section 195 of the principal Act (appeals against refusal of or failure to give decision on an application for a certificate of lawfulness of existing or proposed use or development);

(d) appeals under section 208 of the principal Act (appeals against section 207 notices–replacement of trees);

(e) appeals under paragraph 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995(2) (appeals against the determination of conditions to be attached to mineral permissions), including appeals under those provisions as applied by regulation 45 of the 2009 Regulations (appeals against non-determination); and

(f) appeals under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991(3) (appeals relating to old mining permissions), including appeals under that provision as applied by regulation 45 of the 2009 Regulations.

(2) The following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Listed Buildings Act as appeals to be determined by a person appointed by the Welsh Ministers—

(a) appeals under section 20 of the Listed Buildings Act (listed building consent), including appeals under that section as having effect by virtue of section 74 of that Act (conservation areas); and

(b) appeals under section 39 of the Listed Buildings Act (listed building enforcement notices), including appeals under that section as having effect by virtue of section 74 of that Act.

(3) Appeals under section 21 of the Hazardous Substances Act (appeals against decisions or failure to take decisions relating to hazardous substances) are prescribed for the purposes of paragraph 1(1) of the Schedule to the Hazardous Substances Act as appeals to be determined by a person appointed by the Welsh Ministers.

(1)

S.I. 1992/666.

(2)

1995 c. 25.

(3)

1991 c. 34.