PART 3E+WPLANNING PERMISSION

Prospective

CHAPTER 6E+WDEALING WITH APPLICATIONS

Appeals to the Welsh MinistersE+W

76Decision on application after service of notice of appealE+W

(1)This section applies if a person who has made an application to a planning authority for planning permission appeals to the Welsh Ministers under section 73(3) (failure to give notice of decision).

(2)The Welsh Ministers must not determine the appeal before the end of the period specified in regulations that begins with the day the notice of appeal is served.

(3)The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

(4)If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

(a)the appeal must be treated as an appeal under section 73(2) against the refusal, and

(b)the Welsh Ministers must give the appellant an opportunity to revise the grounds of the appeal.

(5)If the planning authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

(a)to proceed with the appeal as an appeal under section 73(2) against the conditions, and

(b)to revise the grounds of the appeal.

Commencement Information

I1S. 76 not in force at Royal Assent, see s. 409(2)