282Procedure before grant of planning permission(1)

This section applies where—

(a)

either of the conditions set out in subsections (4) and (5) (which relate to taking steps to obtain planning permission) is met in relation to any development, and

(b)

the Welsh Ministers would, if planning permission had been granted for the development, have the power to make an order under section 280 or 281 to enable the development to be carried out.

(2)

The Welsh Ministers may publish notice under Part 1 of Schedule 17 that they propose to make an order under section 280 or 281 (as the case may be), even though planning permission has not been granted for the development.

(3)

But nothing in this section or Part 1 of Schedule 17 authorises the Welsh Ministers to make the order until planning permission is granted for the development.

(4)

The first condition is that an application has been made for planning permission for the development and any of the following applies—

(a)

the application was made by a government department, local authority, statutory undertaker or strategic highways company,

(b)

the application has been referred to the Welsh Ministers under section 72,

(c)

the applicant has appealed to the Welsh Ministers under section 73, or

(d)

the application was made to the Welsh Ministers under section 78 (option to make application to the Welsh Ministers) or section 80 (connected applications).

(5)

The second condition is that—

(a)

the development is to be carried out by a local authority or statutory undertaker,

(b)

by virtue of an enactment the development requires the authorisation of a government department, and

(c)

the authority or undertaker has—

(i)

made an application to the department for the authorisation, and

(ii)

requested a direction under section 87 granting planning permission for the development.