The Town and Country Planning (Validation Appeals Procedure) (Wales) Regulations 2016

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Town and Country Planning Act 1990;

“appeal” (“apêl”) means an appeal made under section 62ZB of the Act (right to appeal to Welsh Ministers against notice)(1);

“appellant” (“apelydd”) means the person giving notice of appeal to the Welsh Ministers;

“document” (“dogfen”) includes a photograph, map or plan;

“electronic communication” (“cyfathrebiad electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000(2);

“local planning authority” (“awdurdod cynllunio lleol”) means the body which gave the notice under section 62ZA(3) of the Act stating that the application is invalid;

“notice of appeal” (“hysbysiad apêl”) means a notice of appeal under section 62ZB of the Act; and

“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday in Wales.

(2) In relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically—

(a) the expression “address” (“cyfeiriad”) includes any number or address used for the purposes of such communications;

(b) references to notices, representations or other documents include references to such documents in electronic form.

(3) Paragraphs (4) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any notice or other document to any other person (“the recipient”).

(4) The requirement is taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(5) In paragraph (4), “legible in all material respects” (“darllenadwy ym mhob modd perthnasol”) means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day.

(7) A requirement in these Regulations that any document must be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” (“ysgrifenedig”) and cognate expressions are to be construed accordingly.

(1)

Section 62ZB was inserted by section 29 of the 2015 Act.

(2)

2000 c. 7; section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).

(3)

Section 62ZA was inserted by section 29 of the 2015 Act.