Section 173 Determination of appeal by appointed personI1I2
England and Wales
An appeal to which this section applies is to be determined by a person appointed by the Welsh Ministers (instead of by the Welsh Ministers).
This section applies to—
an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);
an appeal under section 127 (appeal against enforcement notice).
But this section does not apply to an appeal if—
it is an appeal of a description specified in regulations made by the Welsh Ministers, or
the Welsh Ministers direct that the appeal is to be determined by them instead of by an appointed person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an appointed person determines an appeal, the appointed person’s decision is to be treated as the decision of the Welsh Ministers.
Schedule 12 makes further provision in connection with appointments under subsection (1) and directions under subsection (3)(b).
Annotations
Textual amendments
- F1
S. 173(4) omitted (28.4.2026) by virtue of Planning (Consequential Provisions) (Wales) Act 2026 (asc 7), s. 5(1), Sch. 3 para. 60 (with Sch. 5 Pt. 1)
Commencement
- I1
S. 173 not in force at Royal Assent, see s. 212(2)
- I2
S. 173 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)
Notes on Part 5
Modifications
- C1
Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))