Prospective
(1)This section applies where an application has been made to a planning authority for—
(a)planning permission,
(b)approval of a reserved matter, or
(c)any other consent, agreement or approval required by a condition or limitation subject to which planning permission has been granted.
(2)The applicant may appeal to the Welsh Ministers if the planning authority—
(a)refuses the application, or
(b)grants the application subject to conditions.
(3)The applicant may also appeal to the Welsh Ministers if the planning authority has done none of the following by the end of the determination period—
(a)given notice to the applicant of its decision on the application,
(b)given notice to the applicant that it has exercised its power under section 70 or 71 to refuse to consider the application, or
(c)given notice to the applicant that it has referred the application to the Welsh Ministers under section 72.
(4)In subsection (3) “the determination period” means—
(a)the period specified in regulations, or
(b)a longer period agreed in writing between the applicant and the planning authority.
(5)An appeal under this section may not be made or continued against the refusal of an application for planning permission if—
(a)granting the application would involve granting planning permission for matters specified in an enforcement notice as constituting a breach of planning control, and
(b)on the determination of an appeal against that notice under section 131, planning permission for those matters was not granted under section 133.
(6)An appeal under this section may not be made or continued against a condition subject to which planning permission has been granted if—
(a)an appeal against an enforcement notice has been brought under section 131 on the ground that the condition ought to be removed, and
(b)on the determination of that appeal, the condition was not removed under section 133.
Commencement Information
I1S. 73 not in force at Royal Assent, see s. 409(2)