Planning (Wales) Act 2026

Prospective

(introduced by section 365)

SCHEDULE 20 E+W DETERMINATION OF APPEALS BY INSPECTORS OR THE WELSH MINISTERS

Powers and duties of inspector E+W

1 (1) An inspector has the same powers and duties in relation to an appeal to which section 365 applies as the Welsh Ministers have, other than—

(a) functions conferred on the Welsh Ministers by section 365 and this Schedule;

(b) functions of making regulations.

(2) Sub-paragraph (3) applies where any enactment (other than section 365 or this Schedule) refers or is to be read as referring—

(a) to the Welsh Ministers in a context relating or capable of relating to an appeal to which section 365 applies, or

(b) to anything done or authorised or required to be done by, to or before the Welsh Ministers in connection with any such appeal.

(3) So far as the context permits, the enactment is to be read, in relation to an appeal determined or to be determined by an inspector, as if the reference to the Welsh Ministers were or included a reference to an inspector.

Commencement Information

I1 Sch. 20 para. 1 not in force at Royal Assent, see s. 409(2)

Local inquiry, hearing or written representations E+W

2 (1) An inspector may hold a local inquiry or a hearing in connection with an appeal if a determination under section 366 provides for the appeal to be considered in that way.

(2) The costs of the local inquiry or hearing are to be met by the Welsh Ministers; but this is subject to section 372.

(3) The Welsh Ministers or an inspector may appoint an assessor to advise the inspector on any matters that arise—

(a) at a local inquiry or hearing held by the inspector in connection with an appeal or in consequence of such an inquiry or hearing, or

(b) in written representations made to the inspector in connection with an appeal or in consequence of such representations.

Commencement Information

I2 Sch. 20 para. 2 not in force at Royal Assent, see s. 409(2)

Replacement of inspector E+W

3 (1) At any time before an inspector has determined an appeal, the Welsh Ministers may—

(a) revoke the inspector’s appointment, and

(b) appoint another inspector to determine the appeal.

(2) Where a new appointment is made, the consideration of the appeal, and any local inquiry or hearing in connection with it, must start afresh.

(3) Sub-paragraph (2) does not require any person to be given an opportunity to—

(a) make fresh representations, or

(b) modify or withdraw representations the person has already made.

Commencement Information

I3 Sch. 20 para. 3 not in force at Royal Assent, see s. 409(2)

Direction that appeal is to be determined by the Welsh Ministers E+W

4 (1) This paragraph applies where the Welsh Ministers give a direction under section 365(3)(b) that an appeal which would otherwise be determined by an inspector is instead to be determined by them.

(2) The direction must state the reasons for which it is given and must be served on—

(a) the inspector (if any) appointed to determine the appeal,

(b) the appellant,

(c) the planning authority in whose area the land to which the appeal relates is situated, and

(d) in the case of an appeal under section 73, any person who has made representations relating to the subject matter of the appeal which regulations under section 63 require the authority to take into account.

(3) The Welsh Ministers must give the persons mentioned in sub-paragraph (2)(b) to (d) an opportunity to make further representations if the reasons for the direction raise matters about which any of those persons have not made representations.

(4) Except as provided by sub-paragraph (3), the Welsh Ministers need not give any person an opportunity to—

(a) make fresh representations, or

(b) modify or withdraw any representations the person has already made.

(5) In determining the appeal the Welsh Ministers may take into account any report made to them by an inspector previously appointed to determine it.

(6) Subject to this paragraph, the provisions of this Act that are relevant to the appeal apply to it as if this Schedule had never applied.

Commencement Information

I4 Sch. 20 para. 4 not in force at Royal Assent, see s. 409(2)

Revocation of direction E+W

5 (1) The Welsh Ministers may by a further direction revoke a direction under section 365(3)(b) at any time before the determination of the appeal.

(2) The further direction must state the reasons for which it is given and must be served on the persons on whom paragraph 4(2) required the direction under section 365(3)(b) to be served.

(3) Where a further direction is given under this paragraph, section 365 and this Schedule apply as if no direction had been given under section 365(3)(b) (and accordingly the Welsh Ministers must appoint an inspector under that section to determine the appeal).

(4) But anything done by or on behalf of the Welsh Ministers in connection with the appeal which might have been done by the inspector (including any arrangements made for the holding of a local inquiry or hearing) is, unless the inspector directs otherwise, to be treated as having been done by the inspector.

Commencement Information

I5 Sch. 20 para. 5 not in force at Royal Assent, see s. 409(2)

Supplementary E+W

6 (1) It is not a ground of application to the High Court for statutory review under section 376, or of appeal to the High Court under section 378 or 379, that an 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.

(2) An inspector’s functions of determining an appeal and doing anything in connection with it are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2019 (anaw 3) as functions of the Welsh Government.

Commencement Information

I6 Sch. 20 para. 6 not in force at Royal Assent, see s. 409(2)