The Town and Country Planning (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014

Prescribed period

2.—(1) For the purposes of section 319B(3) of the 1990 Act the prescribed period is seven working days from the relevant date.

(2) In paragraph (1)—

“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday in Wales; and

“the relevant date” (“y dyddiad perthnasol”) means—

(a)

in relation to referrals under section 77(1) of the 1990 Act, the day on which the Welsh Ministers receive notice of the referral from the local planning authority;

(b)

in relation to an appeal under section 78(2) of the 1990 Act, the day on which the Welsh Ministers receive the completed form and the documents specified in article 26(1) and (3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(3);

(c)

in relation to an appeal under section 174(4) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal under section 174(3) together with the statement of appeal submitted in accordance with regulation 5 of the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003(5);

(d)

in relation to appeals under section 195(6) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal from the applicant; and

(e)

in relation to appeals under section 208(7) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal from the applicant.

(1)

There are amendments to section 77 of the 1990 Act but none are relevant to these Regulations.

(2)

There are amendments to section 78 of the 1990 Act but none are relevant to these Regulations.

(3)

S.I. 2012/801 (W. 110).

(4)

Section 174 of the 1990 Act was amended by section 6(1) of the Planning and Compensation Act 1991; section 63 of, and paragraphs 2 and 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013; and the Town and Country Planning (Electronic Communications) (Wales) (No.1) Order 2004. There are other amendments to section 174 but none are relevant to these Regulations.

(5)

S.I. 2003/394 (W. 53).

(6)

Section 195 was amended by section 32 of, and paragraph 32 of Schedule 7 to, the Planning and Compensation Act 1991; and section 197 of, and paragraphs 1 and 3 of Schedule 11 to, the Planning Act 2008.

(7)

There are amendments to section 208 of the 1990 Act but none are relevant to these Regulations.