Prospective
(1)This section applies to the following proceedings—
(a)any application made or referred to the Welsh Ministers under or by virtue of this Act, other than an application for an order under Part 11 (highways) or Part 12 (statutory undertakers);
(b)any appeal made to the Welsh Ministers under or by virtue of this Act, other than an appeal under section 61 (for which see section 62(3)) or under CIL regulations.
(2)The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.
(3)A determination must provide for the proceedings to be considered in one or more of the following ways—
(a)at a local inquiry;
(b)at a hearing;
(c)on the basis of representations in writing.
(4)The Welsh Ministers must make a determination before the end of the period specified in regulations.
(5)A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.
(6)The Welsh Ministers must notify the following persons of a determination—
(a)the applicant or appellant (as appropriate), and
(b)the planning authority in whose area the land to which the proceedings relate is situated.
(7)In a case where an application has been made to the Welsh Ministers under section 78 (option to make application for planning permission or approval of reserved matters to the Welsh Ministers) or section 80 (connected applications), they must also notify any representative persons they consider appropriate.
(8)In subsection (7) “representative person” means a person that the Welsh Ministers consider to represent persons (other than the applicant and the planning authority) who have an interest in the proceedings.
(9)The Welsh Ministers must publish the criteria they will apply in making determinations under this section.
(10)Regulations may amend subsection (1) to—
(a)add proceedings under or by virtue of this Act,
(b)remove proceedings, or
(c)modify a description of proceedings.
Commencement Information
I1S. 366 not in force at Royal Assent, see s. 409(2)