Paragraph 3 Procedure before Welsh Ministers take action in relation to purchase noticeI1I2
England and Wales
Before taking any action in relation to a purchase notice under paragraph 2, the Welsh Ministers must serve notice of their proposed action—
on the person who served the purchase notice,
on the planning authority on which the purchase notice was served, and
if they propose to substitute any other local authority or statutory undertaker for the planning authority, on the other local authority or statutory undertaker.
A notice under sub-paragraph (1) must specify the period within which any of the persons on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.
If a person on whom the notice is served makes a request within that period, the Welsh Ministers must give F1each of the persons on whom it was served such an opportunity before they take any action in relation to the purchase notice under paragraph 2.
The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice under sub-paragraph (1) is served.
If, after any persons have appeared before and been heard by an appointed person, the Welsh Ministers consider it appropriate to take action under paragraph 2 otherwise than in accordance with the notice served under sub-paragraph (1), they may do so.
Annotations
Textual amendments
- F1
Words in Sch. 9 para. 3(3) substituted (28.4.2026) by Planning (Consequential Provisions) (Wales) Act 2026 (asc 7), s. 5(1), Sch. 3 para. 66 (with Sch. 5 Pt. 1)
Commencement
- I1
Sch. 9 para. 3 not in force at Royal Assent, see s. 212(2)
- I2
Sch. 9 para. 3 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)