160Right to appeal against refusal of application or failure to make decision(1)

A person who has applied to a planning authority for a certificate of lawfulness may appeal to the Welsh Ministers if the authority—

(a)

refuses the application in whole or in part, or

(b)

does not give notice to the applicant of its decision on the application within the determination period.

(2)

In this section “the determination period” means—

(a)

the period specified in regulations, or

(b)

a longer period agreed in writing between the applicant and the authority.

(3)

An appeal must be made by serving a notice of appeal on the Welsh Ministers.

(4)

Regulations may make provision about—

(a)

the form of a notice of appeal;

(b)

information that must be included with a notice of appeal;

(c)

the way in which, and period within which, a notice of appeal must be served (which may include provision enabling the Welsh Ministers to extend the period).

(5)

The period specified by regulations under subsection (4)(c) must be at least 28 days beginning with the day after—

(a)

in the case of an appeal under subsection (1)(a), the day the applicant receives notice of the decision, or

(b)

in the case of an appeal under subsection (1)(b), the end of the determination period.

(6)

In subsection (1)(a) the reference to refusing an application in part includes modifying or substituting the description of a use, operations or other matter under section 156(2)(b).