SCHEDULEFurther provisions as to the procedure for certain proceedings

Article 3

Town and Country Planning Act 1990

I131

The Town and Country Planning Act 1990 is amended as follows.

Annotations:
Commencement Information
I13

Sch. para. 1 in force at 11.11.2014, see art. 1(2)

I262

In section 77 (reference of applications to Secretary of State) before subsection (7) insert—

6A

Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.

Annotations:
Commencement Information
I26

Sch. para. 2 in force at 11.11.2014, see art. 1(2)

I63

In section 78 (right to appeal against planning decisions and failure to take such decisions) in subsection (5)5 for “and 319A(7)(b)” substitute “, 319A(7)(b) and 319B(7)(b)”.

Annotations:
Commencement Information
I6

Sch. para. 3 in force at 11.11.2014, see art. 1(2)

I224

In section 79 (determination of appeals) before subsection (4) insert—

3A

Subsection (2) does not apply to an appeal to the Welsh Ministers.

Annotations:
Commencement Information
I22

Sch. para. 4 in force at 11.11.2014, see art. 1(2)

I15

In section 175 (supplementary provisions about appeals against enforcement notices) before subsection (4) insert—

3B

Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in Wales.

Annotations:
Commencement Information
I1

Sch. para. 5 in force at 11.11.2014, see art. 1(2)

I196

In section 195 (appeals against refusal or failure to give decision on application) in subsection (5)6 after “For the purposes of the application” insert “in relation to England” and after that subsection insert—

5A

For the purposes of the application in relation to Wales of sections 288(10)(b) and 319B(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.

Annotations:
Commencement Information
I19

Sch. para. 6 in force at 11.11.2014, see art. 1(2)

I57

1

Section 196 (further provisions as to references and appeals to the Secretary of State) is amended as follows.

2

Before subsection (2) insert—

1B

Subsection (1) does not apply to an appeal to the Welsh Ministers.

3

In subsection (2) for “such an appeal” substitute “an appeal under section 195(1)”.

Annotations:
Commencement Information
I5

Sch. para. 7 in force at 11.11.2014, see art. 1(2)

I178

1

Section 208 (appeals against notices under section 207) is amended as follows.

2

Before subsection (6) insert—

5B

Subsection (5) does not apply to an appeal to the Welsh Ministers.

3

In subsection (6) for “such an appeal is brought” substitute “an appeal is brought under subsection (1)”.

Annotations:
Commencement Information
I17

Sch. para. 8 in force at 11.11.2014, see art. 1(2)

I189

In section 322 (orders as to costs of parties where no local inquiry held) before subsection (1B)7 insert—

1AA

This section also applies to proceedings under this Act to which section 319B applies.

Annotations:
Commencement Information
I18

Sch. para. 9 in force at 11.11.2014, see art. 1(2)

I1410

In section 322A8 before subsection (2) insert—

1B

This section also applies where—

a

arrangements are made for a local inquiry or a hearing to be held pursuant to a determination of the Welsh Ministers under section 319B;

b

the inquiry or hearing does not take place; and

c

if it had taken place, the Welsh Ministers or a person appointed by the Welsh Ministers would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.

Annotations:
Commencement Information
I14

Sch. para. 10 in force at 11.11.2014, see art. 1(2)

I2511

1

Section 323 is amended as follows.

2

Before subsection (2) insert—

1B

The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319B, are to be considered on the basis of representations in writing.

3

In subsections (2) and (3) for “The regulations may” (in so far as those words continue to form part of those subsections9) substitute “Regulations under this section may”.

Annotations:
Commencement Information
I25

Sch. para. 11 in force at 11.11.2014, see art. 1(2)

I2712

In section 333 (regulations and orders) before subsection (5) insert—

4A

The power to make orders under section 319B(9) shall be exercisable by statutory instrument.

Annotations:
Commencement Information
I27

Sch. para. 12 in force at 11.11.2014, see art. 1(2)

I1113

1

Schedule 6 is amended as follows.

2

In paragraph 2—

a

before sub-paragraph (6) insert—

5A

Sub-paragraph (2) does not apply in the case of an appeal to which section 319B applies.

b

before sub-paragraph (11)10 insert—

10A

Sub-paragraph (9) does not apply to references to the Welsh Ministers in section 319B (determination of procedure for certain proceedings: Wales).

3

In paragraph 3—

a

after sub-paragraph (5)11 insert—

5ZA

Sub-paragraph (4) does not apply in the case of an appeal to which section 319B applies.

b

before sub-paragraph (6)12 insert—

5B

In the case of an appeal to which section 319B applies, the Welsh Ministers must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.

c

in sub-paragraph (6) before “, the Secretary of State” insert “or (5B)”.

4

In paragraph 6—

a

before sub-paragraph (2) insert—

1B

Sub-paragraph (1) does not apply in the case of an appeal to which section 319B applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.

b

in sub–paragraph (2)(a) after “2(4)” insert “or this paragraph” (in so far as that sub-paragraph does not already include those words13).

Annotations:
Commencement Information
I11

Sch. para. 13 in force at 11.11.2014, see art. 1(2)

Planning (Listed Buildings and Conservation Areas) Act 1990

I714

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

Annotations:
Commencement Information
I7

Sch. para. 14 in force at 11.11.2014, see art. 1(2)

I315

In section 12 (reference of certain applications to Secretary of State) before subsection (5) insert—

4B

Subsection (4) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.

Annotations:
Commencement Information
I3

Sch. para. 15 in force at 11.11.2014, see art. 1(2)

I1216

In section 20(4) (right of appeal in case of failure to give notice of decision)14 after “For the purposes of the application” insert “in relation to England” and after that subsection insert—

5

For the purposes of the application in relation to Wales of sections 22(1), 63(7)(b) and 88E(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.

Annotations:
Commencement Information
I12

Sch. para. 16 in force at 11.11.2014, see art. 1(2)

I417

1

Section 22 (determination of appeals under section 20) is amended as follows.

2

Before subsection (3) insert—

2B

Subsection (2) does not apply to an appeal to the Welsh Ministers.

3

In subsection (3) for “the appeal” substitute “an appeal under section 20”.

Annotations:
Commencement Information
I4

Sch. para. 17 in force at 11.11.2014, see art. 1(2)

I2318

In section 40 (supplementary provisions about appeals against listed building enforcement notices) before subsection (3) insert—

2B

Subsection (2) does not apply to an appeal against a listed building enforcement notice issued by a local planning authority in Wales.

Annotations:
Commencement Information
I23

Sch. para. 18 in force at 11.11.2014, see art. 1(2)

I819

In section 41(4) (determination of appeals: disapplication of section 40(2))—

a

after “If” insert “section 40(2) would otherwise apply and”; and

b

after “subsection (3)” insert “of this section”.

Annotations:
Commencement Information
I8

Sch. para. 19 in force at 11.11.2014, see art. 1(2)

I2920

In section 74(3)15 (application of certain provisions in relation to buildings in conservation areas) before “and 90(2) to (4)” insert “, 88E”.

Annotations:
Commencement Information
I29

Sch. para. 20 in force at 11.11.2014, see art. 1(2)

I2421

In section 89 (application of certain general provisions of TCPA 1990) before subsection (1A)16 insert—

1ZB

In the application of sections 322, 322A and 323 of that Act, references to section 319B of that Act shall have effect as references to section 88E of this Act.

Annotations:
Commencement Information
I24

Sch. para. 21 in force at 11.11.2014, see art. 1(2)

I2822

In section 93 (regulations and orders) in subsection (4)17 before “and 92” insert “, 88E”.

Annotations:
Commencement Information
I28

Sch. para. 22 in force at 11.11.2014, see art. 1(2)

I223

1

Schedule 3 is amended as follows.

2

In paragraph 2—

a

before sub-paragraph (5) insert—

4B

Sub-paragraph (2) does not apply in the case of an appeal to which section 88E applies.

b

after sub-paragraph (9)18 insert—

10

Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 88E (determination of procedure for certain proceedings: Wales).

3

In paragraph 3—

a

before sub-paragraph (5) insert—

4C

Sub-paragraph (4) does not apply in the case of an appeal to which section 88E applies.

4D

In the case of an appeal to which section 88E applies, the Welsh Ministers must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.

b

in sub-paragraph (5) before “, the Secretary of State” insert “or (4D)”.

4

In paragraph 6—

a

before sub-paragraph (2) insert—

1B

Sub-paragraph (1) does not apply in the case of an appeal to which section 88E applies, but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.

b

in sub-paragraph (2)(a) after “2(4)” insert “or this paragraph”.

Annotations:
Commencement Information
I2

Sch. para. 23 in force at 11.11.2014, see art. 1(2)

Planning (Hazardous Substances) Act 1990

I2024

The Planning (Hazardous Substances) Act 1990 is amended as follows.

Annotations:
Commencement Information
I20

Sch. para. 24 in force at 11.11.2014, see art. 1(2)

I2125

In section 20 (reference of applications to the Secretary of State) before subsection (5) insert—

4B

Subsection (4) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a hazardous substances authority in Wales.

Annotations:
Commencement Information
I21

Sch. para. 25 in force at 11.11.2014, see art. 1(2)

I1626

In section 21 (appeals against decisions or failure to take decisions relating to hazardous substances) before subsection (6) insert—

5B

Subsection (5) does not apply to an appeal against a decision of a hazardous substances authority in Wales.

Annotations:
Commencement Information
I16

Sch. para. 26 in force at 11.11.2014, see art. 1(2)

I1027

In section 25(1) (appeals against hazardous substances contravention notices: supplementary provisions)—

a

in paragraph (b)(v)19 before “of this Act” insert “and section 21B”; and

b

in paragraph (c) for “that Act” substitute “the principal Act”.

Annotations:
Commencement Information
I10

Sch. para. 27 in force at 11.11.2014, see art. 1(2)

I1528

After section 37 at the end insert—

4

In the application of sections 322, 322A and 323 of that Act by virtue of this section in relation to proceedings in Wales, references to section 319B of that Act shall have effect as references to section 21B of this Act.

Annotations:
Commencement Information
I15

Sch. para. 28 in force at 11.11.2014, see art. 1(2)

I929

1

The Schedule is amended as follows.

2

In paragraph 2 before sub-paragraph (5) insert—

4B

Sub-paragraph (2) does not apply to an appeal to the Welsh Ministers.

3

After sub-paragraph (9)20 of that paragraph, insert—

10

Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 21B (determination by the Welsh Ministers of procedure for certain proceedings).

4

In paragraph 3 before sub-paragraph (5) insert—

4C

Sub-paragraph (4) does not apply in the case of an appeal to the Welsh Ministers.

4D

In the case of an appeal to which section 21B applies, the Welsh Ministers must give the appellant, the hazardous substances authority and any person who has made representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.

5

In sub-paragraph (5)21 of that paragraph before “, the Secretary of State” insert “or (4D)”.

6

In paragraph 6—

a

before sub-paragraph (2) insert—

1B

Sub-paragraph (1) does not apply in the case of an appeal to the Welsh Ministers, but an appointed person may hold a hearing or a local inquiry in connection with such an appeal pursuant to a determination under section 21B.

b

in sub-paragraphs (2)(a) and (3)(a) after “2(4)” insert “or this paragraph”.