107.This section inserts sections 62P and 62Q into the TCPA 1990.
108.Section 62P states that a decision of the Welsh Ministers on an application made to them under sections 62D, 62M and 62O is final (resulting in no right of appeal to the Welsh Ministers). However, as a result of amendments made to Part 12 of the TCPA 1990 by Schedule 4, the validity of such decisions may in certain circumstances be questioned on an application to the High Court.
109.The Welsh Ministers may direct a local planning authority or hazardous substances authority to do things in relation to an application made under those sections.
110.Section 62Q imposes a duty on the Welsh Ministers to notify a community council of applications made to the Welsh Ministers under sections 62D, 62F, 62M or 62O where the application relates to land in the community council’s area (and where the community council have previously asked their local planning authority to be notified of applications submitted to that authority). It requires a local planning authority, if requested to do so by the Welsh Ministers, to let the Welsh Minister know which community councils have asked to be notified.