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Town and Country Planning Act 1990

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[F162ZBRight to appeal to Welsh Ministers against noticeE+W

(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.]

Textual Amendments

F1Ss. 62ZA-62ZD and cross-heading inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 29(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 9)

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