Chwilio Deddfwriaeth

Planning (Wales) Act 2015

Newidiadau dros amser i: Section 29

 Help about opening options

Newidiadau i ddeddfwriaeth:

Ar hyn o bryd nid oes unrhyw effeithiau heb eu gweithredu yn hysbys ar gyfer y Planning (Wales) Act 2015, Section 29. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

29Invalid applications: notice and appealE+W

This section has no associated Nodiadau Esboniadol

(1)TCPA 1990 is amended as follows.

(2)After section 62 insert—

Wales: appeal against notice that application is not validE+W
62ZAWales: notice that application is not valid

(1)This section applies where an application is made to a local planning authority in Wales—

(a)for planning permission, or

(b)for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.

(2)In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.

(3)The notice must—

(a)identify the requirement in question, and

(b)set out the authority's reasons for thinking the application does not comply with it.

(4)In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that—

(a)the application does not comply with the terms of the planning permission in question, or

(b)a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,

by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).

(5)The notice must identify—

(a)the information, documents or materials in question, and

(b)the paragraph of subsection (4) which the authority think applies.

(6)A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).

(7)A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—

(a)the local planning authority must not entertain the application (see section 327A), or

(b)the period prescribed under section 78(2) does not begin to run in relation to the application.

62ZBRight to appeal to Welsh Ministers against notice

(1)If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.

(2)In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds⁠—

(a)that the application complies with the requirement identified in the notice given under section 62ZA(2);

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

(c)that the requirement is not a validation requirement in relation to the application;

(d)in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.

(3)In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—

(a)that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);

(b)in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;

(c)in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.

(4)The appeal must be made by giving notice that complies with any requirements prescribed by a development order.

(5)The requirements may relate to how and when the notice is to be given and the information that is to accompany it.

(6)The appeal is to be determined on the basis of representations in writing.

(7)The Welsh Ministers must either—

(a)dismiss the appeal, or

(b)quash or vary the notice to which it relates.

(8)The Welsh Ministers' decision on the appeal is final.

62ZCAppeals under section 62ZB: determination by appointed person

(1)Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.

(2)In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).

(3)At any time before an appointed person determines an appeal, the Welsh Ministers may—

(a)revoke the person's appointment, and

(b)appoint another person under subsection (1) to determine the appeal.

(4)An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.

(5)An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.

(6)The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.

62ZDAppeals under section 62ZB: determination by Welsh Ministers in place of appointed person

(1)The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2)The Welsh Ministers must serve a copy of the direction on—

(a)the person (if any) appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(3)In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4)The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5)The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a)the person (if any) previously appointed to determine the appeal,

(b)the appellant, and

(c)the local planning authority.

(6)Where the Welsh Ministers give a direction under subsection (4)—

(a)they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b)anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c)subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.

(3)In section 79 (determination of appeals under section 78), after subsection (1) insert—

(1A)On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.

(1B)But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.

Commencement Information

I1S. 29 partly in force; s. 29 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2S. 29 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(a) (with arts. 9, 10)

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill