PART 6OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND
CHAPTER 1PLANNING OBLIGATIONS
168Appeals relating to applications to modify or discharge planning obligations
(1)
A person who has made an application to an enforcing authority under section 167(3) may appeal to the Welsh Ministers if the authority—
(a)
determines that the planning obligation is to continue to have effect without modification, or
(b)
does not give notice of its determination in accordance with section 167(7).
(2)
For the purposes of an appeal under subsection (1)(b), it is to be assumed that the enforcing authority has determined that the planning obligation is to continue to have effect without modification.
(3)
An appeal under this section 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)
Subsections (6) to (8) of section 167 apply in relation to the determination of an appeal under this section by the Welsh Ministers as they apply in relation to the determination of an application under that section by the appropriate authority.
(6)
The decision of the Welsh Ministers on an appeal is final.
(7)
Chapter 2 of Part 14 makes provision about the procedure for the consideration of appeals under this section (including provision for them to be determined by inspectors).