PART 5 Appeals

F1Appeals against notice of non-validation24C.

(1)

An applicant who wishes to appeal to the Welsh Ministers under section 62ZB of the 1990 Act must give notice of appeal to the Welsh Ministers by—

(a)

serving on the Welsh Ministers, within the time limit specified in paragraph (2), a form obtained from the Welsh Ministers together with the documents referred to in paragraph (3); and

(b)

serving on the local planning authority, as soon as reasonably practicable, a copy of the form and the documents that are served on the Welsh Ministers.

(2)

The time limit mentioned in paragraph (1)(a) is two weeks from the date of the service of the notice pursuant to article 8(3A) or 23(5) stating that the application is invalid or such longer period as the Welsh Ministers may at any time allow.

(3)

For the purposes of paragraph (1)(a) the documents are—

(a)

in the case of an application for planning permission—

(i)

a copy of the notice served pursuant to article 8(3A) stating that the application is invalid;

(ii)

a copy of the application made to the local planning authority which has occasioned the appeal; and

(iii)

a copy of the forms, documents, plans, drawings, statements, declarations, certificates, particulars or evidence mentioned in articles 5 and 8(1) which were given to the authority in connection with the application before the date of the notice served pursuant to article 8(3A) stating that the application is invalid.

(b)

in the case of an application made under article 23—

(i)

a copy of the notice served pursuant to article 23(5) stating that the application is invalid;

(ii)

a copy of the application made to the local planning authority which has occasioned the appeal;

(iii)

a copy of the notice of the decision to grant planning permission, if any, pursuant to which the application is made; and

(iv)

a copy of the forms, documents, plans, drawings, statements, declarations, certificates, particulars or evidence (including such of them that are mentioned in article 4(1) where applicable) which were given to the authority in connection with the application before the date of the notice served pursuant to article 23(5) stating that the application is invalid.

(c)

Where sub-paragraph (b)(iii) applies and a revised version of the notice of the decision has been issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A, sub-paragraph (b)(iii) is to be read as referring to the revised version of the notice.

(4)

The Welsh Ministers may refuse to accept a notice of appeal from an applicant if the form and documents required under paragraph (1)(a) are not served on the Welsh Ministers within the time limit specified in paragraph (2).

(5)

The Welsh Ministers may provide, or arrange for the provision of, a website for use for such purposes as the Welsh Ministers think fit which—

(a)

relate to appeals under section 62ZB of the 1990 Act and this article, and

(b)

are capable of being carried out electronically.

(6)

Where a person gives notice of appeal to the Welsh Ministers using electronic communications, the provisions of article 32 apply.