PART 3 E+W PLANNING PERMISSION

Prospective

CHAPTER 5 E+W APPLYING FOR PLANNING PERMISSION AND RELATED APPROVALS

Failure to comply with requirements for applications E+W

61 Right to appeal against notice of invalidity E+W

(1) If a planning authority gives an applicant notice under section 60, the applicant may appeal to the Welsh Ministers.

(2) An appeal may be made on either or both of the following grounds—

(a) that the application complies with the requirement identified in the notice;

(b) that the application is not one to which the requirement applies.

(3) In the case of a notice given under section 60(2) in relation to a requirement imposed under section 56(4), an appeal may also be made on either or both of the following grounds—

(a) that the period specified under section 63(2)(f) or 73(4) begins to run in relation to the application irrespective of whether the requirement is complied with;

(b) that the requirement does not comply with section 56(5).

(4) An appeal must be made by serving a notice of appeal on the Welsh Ministers.

(5) Regulations may make provision about—

(a) the form and content 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).

Commencement Information

I1 S. 61 not in force at Royal Assent, see s. 409(2)