The Developments of National Significance (Procedure) (Wales) Order 2016

Publicity for applications for planning permission: Welsh Ministers E+W

18.—(1) An application must be publicised by the Welsh Ministers in the manner prescribed by this article.

(2) An application must be publicised by giving requisite notice—

(a) by publication, within the relevant period, of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

(b) by serving the notice, within the relevant period, on any adjoining owner or occupier.

(3) The following information must be published on a website maintained by the Welsh Ministers—

(a) the address and location of the proposed development;

(b) a description of the proposed development;

[F1 (ba) in the case of an application accompanied by an environmental statement—

(i) the fact that the development is subject to an environmental impact assessment procedure;

(ii) the environmental statement, any relevant scoping direction, and any further information or any other information;

(iii) in accordance with the Freedom of Information Act 2000 and the Data Protection Act 1998, the main reports and advice issued to the Welsh Ministers at the time the information is published (if any);

(iv) in accordance with the Environmental Information Regulations 2004, information other than that required under any other sub-paragraph which is relevant to the decision and which only becomes available after the time the information required by this paragraph was first published;

(v) how copies of the environmental statement may be obtained and the cost of such copies;

(vi) other details of the arrangements for public participation in the decision-making procedure including a description of the procedure for the publication of any additional information subsequently submitted by the applicant;

(vii) details of the authority responsible for taking the decision;]

(c) the date by which any representations about the application must be received [F2 which, in the case of an application accompanied by an environmental statement, must not be before the last day of the period of 30 days beginning on the latest date on which the application has been publicised in accordance with article 18(2), (3) or 19(2)];

(d) where and when the application may be inspected; and

(e) how representations may be made about the application.

(4) In this article—

“adjoining owner or occupier” (“perchennog neu feddianydd cyffiniol”) means an owner or occupier of any land adjoining the land to which the application relates;

[F3 “further information” (“gwybodaeth bellach”) and “any other information” (“unrhyw wybodaeth arall”) have the same meanings as the EIA Regulations;]

“the relevant period” (“y cyfnod perthnasol”) means 5 working days, beginning with the day on which the Welsh Ministers accept the application in accordance with article 15(3); and

“requisite notice” (“hysbysiad gofynnol”) means notice in the appropriate form set out in Schedule 4 (or in a form substantially to the like effect).

Textual Amendments

F1 Art. 18(3)(ba) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(a) (with regs. 1(4), 55(2)(3), 63, 65)

F2 Words in art. 18(3)(c) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(b) (with regs. 1(4), 55(2)(3), 63, 65)

F3 Words in art. 18(4) inserted (W.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 2(3)(c) (with regs. 1(4), 55(2)(3), 63, 65)