The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017

• “full statement of case” (“datganiad achos llawn”) means and is comprised of —

  1. a

     a statement in writing containing full particulars of the case—

     1. i

        the applicant proposes to put forward in relation to the application referred to the Welsh Ministers pursuant to a direction under section 77 of the 1990 Act4; or

     2. ii

        the appellant proposes to put forward in relation to the appeal under section 78 of the 1990 Act; and

  2. b

     copies of any supporting documents the applicant or the appellant proposes to refer to or put forward in evidence;

Reference of applications to the Welsh Ministers13

1

On referring any application to the Welsh Ministers pursuant to a direction under section 77 of the 1990 Act (reference of applications to the Secretary of State), a local planning authority must as soon as reasonably practicable—

a

serve on the applicant a notice of reference; and

b

send to the Welsh Ministers a copy of the application file.

2

The local planning authority must send a copy of the notice of reference to the Welsh Ministers at the same time as the notice is sent to the applicant.

3

An applicant upon whom a notice of reference is served may choose to submit a full statement of case to the Welsh Ministers.

4

An applicant who so chooses must send—

a

the full statement of case so that it is received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served;

b

a copy of the full statement of case to the local planning authority at the same time as it is sent to the Welsh Ministers.

5

In this article—

a

“application file” (“ffeil y cais”) means the application together with accompanying documents and all correspondence with the local planning authority relating to the application; and

b

“notice of reference” (“hysbysiad o atgyfeirio”) means a notice—

i

informing the applicant that the application has been referred to the Welsh Ministers;

ii

setting out the reasons given by the Welsh Ministers for issuing the direction; and

iii

notifying the applicant that—

aa

if the applicant so chooses, the applicant may submit a full statement of case to the Welsh Ministers;

bb

if the applicant so chooses, the full statement of case must be received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served; and

cc

a copy of the full statement of case (if applicable) must be sent to the local planning authority at the same time as it is sent to the Welsh Ministers.

Appeals under section 195 of the 1990 Act26B

1

An applicant who wishes to appeal to the Welsh Ministers under section 195 of the 1990 Act (appeals against refusal or failure to give decision on application for a certificate of lawfulness of existing or proposed use or development) must give notice of appeal to the Welsh Ministers by—

a

serving on the Welsh Ministers a form obtained from the Welsh Ministers, together with—

i

such of the documents specified in paragraph (2) as are relevant to the appeal; and

ii

a full statement of case;

b

serving on the local planning authority a copy of the form mentioned in sub-paragraph (a), as soon as reasonably practicable, together with a copy of any relevant documents mentioned in paragraph (2)(d) and a copy of the full statement of case.

2

The documents mentioned in paragraph (1)(a)(i) are—

a

the application made to the local planning authority which occasioned the appeal;

b

all plans, drawings and documents sent to the authority in connection with the application;

c

all correspondence with the authority relating to the application;

d

any other plans, documents or drawings relating to the application which were not sent to the authority;

e

the notice of the decision or determination, if any.

3

For the purposes of section 195(1B) of the1990 Act the prescribed time within which an appeal must be made under section 195(1)(a) of that Act is 6 months from the date of the notice of the decision or determination giving rise to the appeal.

4

The Welsh Ministers may refuse to accept a notice of appeal—

a

under section 195(1)(a) of the 1990 Act if the documents required under paragraphs (1) and (2) are not served on the Welsh Ministers within the time prescribed in paragraph (3);

b

under section 195(1)(b) of the 1990 Act if the documents required under paragraphs (1) and (2) are not served on the Welsh Ministers.

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 195 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.

Variation of applications after notice of appeal26C

1

For the purposes of sections 78(4BA) and 195(1DA) of the 1990 Act the prescribed circumstance is the application to which the appeal relates contains a correctable error.

2

An application which is varied in the circumstance prescribed in paragraph (1) is subject to such further consultation as the Welsh Ministers consider appropriate.

3

In this article “correctable error” (“gwall cywiradwy”) means an error which—

a

is corrected in order to ensure consistency in the information contained in the application and the accompanying documents; and

b

does not alter the substance of the application.