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Town and Country Planning Act 1990

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Town and Country Planning Act 1990, SCHEDULE 4D is up to date with all changes known to be in force on or before 11 September 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1SCHEDULE 4DE+WEXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH F2... APPLICATIONS MADE TO THE WELSH MINISTERS

Textual Amendments

F1Sch. 4D inserted (W.) (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 1; S.I. 2016/52, art. 3(d)

F2Words in Sch. 4D heading omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(a) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

Exercise of functions in respect of development of national significance and connected applicationsE+W

F31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 4D para. 1 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(b) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

Applications under section 62M or 62O: exercise of functionsE+W

2E+WUnless a direction otherwise is given under paragraph 9—

(a)an application made under section 62M or 62O is to be determined by a person appointed for the purpose by the Welsh Ministers under this paragraph;

(b)functions exercisable by the Welsh Ministers, by virtue of section 61Z1, in respect of an application that a person proposes to make under section 62M or 62O, are to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph.

Revocation of appointmentsE+W

3E+WWhere a person has been appointed under paragraph F4... 2 in respect of an application F5..., the Welsh Ministers may at any time—

(a)revoke the appointment, and

(b)appoint another person, in respect of the application F5..., under paragraph F4... 2 F6....

Textual Amendments

F4Words in Sch. 4D para. 3 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(c)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F5Words in Sch. 4D para. 3 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(c)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F6Words in Sch. 4D para. 3 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(c)(iii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

Exercise of functions by appointed personE+W

4(1)This paragraph applies for the purposes of paragraphs 5 to 14.E+W

(2)References to an appointed person are to a person appointed to exercise functions under paragraph F7... 2.

(3)References to a relevant application F8... are to an application F8..., or a proposed application, in respect of which functions are exercisable by a person other than the Welsh Ministers by virtue of the person's appointment under paragraph F7... 2.

Textual Amendments

F7Words in Sch. 4D para. 4 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(d)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F8Words in Sch. 4D para. 4 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(d)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

5E+WA person appointed under paragraph 2 to determine an application has, so far as the context permits, the same powers and duties that the Welsh Ministers have by virtue of provision made by a development order by virtue of section 75A.

6(1)Sub-paragraph (2) applies where any enactment (other than this Schedule)—E+W

(a)refers (or is to be read as referring) to the Welsh Ministers in a context relating to or capable of relating to an application under section 62M or section 62O, or

(b)refers (or is to be read as referring) to anything (other than the making of an application) done or authorised or required to be done by, to or before the Welsh Ministers in connection with any such application.

(2)So far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under paragraph 2, as if the reference to the Welsh Ministers were or included a reference to an appointed person.

Determination by appointed personE+W

7E+WWhere a decision on a relevant application F9... is determined by an appointed person, that person's decision is to be treated as being the decision of the Welsh Ministers (including for the purposes of section 284).

Textual Amendments

F9Words in Sch. 4D para. 7 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(e) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

8(1)It is not a ground of application to the High Court under section 288 that the determination ought to have been made by the Welsh Ministers instead of an appointed person, unless the applicant challenges the person's power to make the determination before the person's decision is given.E+W

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 4D para. 8(2) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(f) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

Power of Welsh Ministers to exercise functions in place of appointed personE+W

9E+WThe Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application F11..., by them instead of by a person appointed under F12... paragraph 2.

Textual Amendments

10E+WA copy of a direction given under paragraph 9 in respect of a relevant application F13... is to be served on—

(a)the person (if any) appointed, in respect of the application F13..., under paragraph F14... 2;

(b)the applicant;

(c)in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

Textual Amendments

11(1)Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application F15... is to be made by the Welsh Ministers instead of a person appointed under paragraph F16... 2.E+W

(2)In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph F17... 2 in respect of the application.

Textual Amendments

F17Words in Sch. 4D para. 11(2) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(j) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

12E+WSubject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application F18... concerned is to be treated as though no appointment under paragraph F19... 2 had ever been made.

Textual Amendments

F18Words in Sch. 4D para. 12 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(k)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F19Words in Sch. 4D para. 12 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(k)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

13(1)The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application F20... concerned has been made.E+W

(2)On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on—

(a)the person, if any, previously appointed under paragraph F21... 2 in respect of the application F20...;

(b)the applicant;

(c)in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

(3)Where a direction is given under this paragraph—

(a)the Welsh Ministers must appoint a person (the “new appointee”) under paragraph F21... 2 F22... in respect of the application F20...,

(b)anything done by or on behalf of the Welsh Ministers in connection with the application F20... that might have been done by a person appointed under paragraph F21... 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and

(c)subject to that, this Schedule applies as if no direction under paragraph 9 had been given.

Textual Amendments

F20Words in Sch. 4D para. 13 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(l)(i) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F21Words in Sch. 4D para. 13 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(l)(ii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

F22Words in Sch. 4D para. 13 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(l)(iii) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

Power of Welsh Ministers to appoint assessorE+W

14E+WWhere an appointed person holds a hearing or inquiry in relation to a relevant application F23..., the Welsh Ministers may appoint an assessor to assist the appointed person at the hearing or inquiry.]

Textual Amendments

F23Words in Sch. 4D para. 14 omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(25)(m) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)

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