http://www.legislation.gov.uk/asc/2026/6/section/162Planning (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)
PART 5CERTIFICATES OF LAWFULNESSDetermination of appeal
162
1
On an appeal under section 160 the Welsh Ministers must allow the appeal if and to the extent that they are satisfied—
a
in the case of an appeal under section 160(1)(a), that the refusal to which the appeal relates was not well-founded;
b
in the case of an appeal under section 160(1)(b), that if the planning authority had refused the application to which the appeal relates the refusal would not have been well-founded.
2
In any other case, they must dismiss the appeal.
3
If the Welsh Ministers allow the appeal to any extent, they must—
a
in a case where no certificate of lawfulness was issued on the application, issue a certificate under section 156 or 157;
b
in a case where a certificate was issued on the application, vary the terms of the certificate.
4
Section 156(4) or 157(4) and section 159 apply to a certificate issued or varied by the Welsh Ministers on an appeal under section 160, but as if the reference in section 159(1)(c) to the planning authority were a reference to the Welsh Ministers.
5
The decision of the Welsh Ministers on an appeal is final.
6
Chapter 2 of Part 14 makes provision about the procedure for the consideration of appeals under section 160 (including provision for them to be determined by inspectors).
S. 162 not in force at Royal Assent, see s. 409(2)