77Determination of appeal(1)

On an appeal under section 73 the Welsh Ministers may—

(a)

allow or dismiss the appeal, or

(b)

reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

(2)

Where the appeal was made under section 73(3) (failure to give notice of decision) and the planning authority has not given notice under section 76(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

(3)

On an appeal under section 73 the Welsh Ministers may decide whether a requirement imposed under section 56(4) in relation to the application complies with section 56(5), unless they have previously decided that question on an appeal under section 61.

(4)

Regulations may provide that a requirement imposed under section 58 or 63 applies, with or without modifications, in relation to an appeal under section 73.

(5)

Sections 66 to 68 and Schedule 3 apply, with any necessary modifications, in relation to an appeal under section 73 as they applied in relation to the application to which the appeal relates.

(6)

The decision of the Welsh Ministers on an appeal is final.

(7)

If at any time before or during the determination of an appeal the Welsh Ministers consider that the appellant is responsible for undue delay in the progress of the appeal—

(a)

they may give the appellant notice that the appeal will be dismissed unless, within the period specified in the notice, the appellant takes steps specified in the notice for the expedition of the appeal, and

(b)

if the appellant fails to take those steps within that period, they may dismiss the appeal.

(8)

Chapter 2 of Part 14 makes further provision about the procedure for the consideration of appeals under section 73 (including provision for them to be determined by inspectors).