http://www.legislation.gov.uk/asc/2026/6/schedule/2Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28
Planning (Wales) Act 2026Deddf Cynllunio (Cymru) 2026s. 346(3)(c)(ii)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 23Sch. 5 Pt. 1s. 5(2)
SCHEDULE 2
APPEALS UNDER SECTION 61: DETERMINATION BY INSPECTORS
(introduced by section 62(6))
Powers and duties of inspector
1
An inspector has the same powers and duties in relation to an appeal under section 61 as the Welsh Ministers have under—
a
section 62(1),
b
regulations under section 367 (procedural requirements), and
c
sections 372 and 373 (costs).
Replacement of inspector
2
At any time before an inspector determines an appeal under section 61, the Welsh Ministers may—
a
revoke the inspector’s appointment, and
b
appoint another inspector to determine the appeal.
Direction that appeal is to be determined by the Welsh Ministers
3
1
This paragraph applies where the Welsh Ministers give a direction under section 62(4) that an appeal is to be determined by them instead of by an inspector.
2
The Welsh Ministers must serve a copy of the direction on—
a
the inspector (if any) appointed to determine the appeal,
b
the appellant, and
c
the planning authority that gave the notice to which the appeal relates.
3
In determining the appeal, the Welsh Ministers may take account of any report made to them by an inspector previously appointed to determine it.
Revocation of direction
4
1
The Welsh Ministers may by a further direction revoke a direction under section 62(4) at any time before the determination of the appeal.
2
The Welsh Ministers must serve a copy of a further direction under this paragraph on—
a
the inspector (if any) previously appointed to determine the appeal,
b
the appellant, and
c
the planning authority.
3
Where the Welsh Ministers give a further direction under this paragraph—
a
they must appoint an inspector (“the new inspector”) to determine the appeal;
b
anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an inspector is, unless the new inspector directs otherwise, to be treated as having been done by the new inspector;
c
subject to that, section 62 and this Schedule apply to the appeal as if no direction had been given under section 62(4).
Supplementary
5
The validity of an inspector’s decision on an appeal may not be questioned by the appellant or the planning authority in any legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers instead of an inspector, unless the appellant or the planning authority challenges the inspector’s power to determine the appeal before the decision on the appeal is given.
Sch. 2 para. 1 not in force at Royal Assent, see s. 409(2)Sch. 2 para. 2 not in force at Royal Assent, see s. 409(2)Sch. 2 para. 3 not in force at Royal Assent, see s. 409(2)Sch. 2 para. 4 not in force at Royal Assent, see s. 409(2)Sch. 2 para. 5 not in force at Royal Assent, see s. 409(2)