PART 5

SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 2

PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

Choice of inquiry, hearing or written procedure
174
1
The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.
2
A determination must provide for the proceedings to be considered in one or more of the following ways—
a
at a local inquiry;
b
at a hearing;
c
on the basis of representations in writing.
3
The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.
4
A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.
5
The Welsh Ministers must notify the following persons of a determination—
a
the applicant or appellant (as appropriate), and
b
the planning authority concerned.
6
The Welsh Ministers must publish the criteria they will apply in making determinations.
7
This section applies to the following proceedings—
a
an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);
b
an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);
c
an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);
d
an appeal under section 127 (appeal against enforcement notice).
8
The Welsh Ministers may by regulations amend subsection (7) to—
a
add proceedings under or by virtue of Part 3, Part 4 or this Part,
b
remove proceedings, or
c
modify a description of proceedings.