http://www.legislation.gov.uk/asc/2026/6/section/379Planning (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 14ADMINISTRATION AND VALIDITYCHAPTER 3VALIDITY OF PLANS, DECISIONS AND ORDERSAppeals to High Court against decisions relating to certain noticesAppeal against decision relating to maintenance of land notice or tree replacement notice
379
1
Rules of court must provide either—
a
that an interested person may appeal to the High Court on a point of law against a decision to which this section applies that is made by the Welsh Ministers, or
b
that where the Welsh Ministers make a decision to which this section applies, an interested person may require them to state and sign a case for the opinion of the High Court.
2
The decisions to which this section applies are any decision (including a direction or order) made by the Welsh Ministers on—
a
an appeal under section 215 against a maintenance of land notice;
b
an appeal under section 254 against a tree replacement notice.
3
For the purposes of this section the following are interested persons—
a
the person who made the appeal;
b
the planning authority that issued the notice;
c
in a case relating to a maintenance of land notice, any other person who has an interest in the land to which the notice relates;
d
in a case relating to a tree replacement notice, any other person on whom a copy of the notice was served.
4
Where proceedings are brought by virtue of this section, the notice to which the proceedings relate has no effect pending the final determination of the proceedings and any re-hearing and determination of the appeal by the Welsh Ministers.
5
Rules of court may make provision—
a
for the Welsh Ministers to be a party to proceedings in the High Court or the Court of Appeal brought by virtue of this section, either generally or in circumstances specified in the rules;
b
about the powers of the High Court or the Court of Appeal to remit the matter to the Welsh Ministers for re-hearing and determination in accordance with the opinion or direction of the court.
6
Proceedings in the High Court under this section may only be brought with the permission of the High Court.
7
An appeal to the Court of Appeal by virtue of this section may only be brought with the permission of the High Court or the Court of Appeal.
S. 379 not in force at Royal Assent, see s. 409(2)