OpenLegislation

Section 174 Choice of inquiry, hearing or written procedureI1I2

England and Wales

(1)

The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.

(2)

A determination must provide for the proceedings to be considered in one or more of the following ways—

(a)

at a local inquiry;

(b)

at a hearing;

(c)

on the basis of representations in writing.

(3)

The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.

(4)

A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.

(5)

The Welsh Ministers must notify the following persons of a determination—

(a)

the applicant or appellant (as appropriate), and

(b)

the planning authority concerned.

(6)

The Welsh Ministers must publish the criteria they will apply in making determinations.

(7)

This section applies to the following proceedings—

(a)

an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(b)

an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(c)

an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(d)

an appeal under section 127 (appeal against enforcement notice).

(8)

The Welsh Ministers may by regulations amend subsection (7) to—

(a)

add proceedings under or by virtue of Part 3, Part 4 or this Part,

(b)

remove proceedings, or

(c)

modify a description of proceedings.

Annotations

Commencement

I1

S. 174 not in force at Royal Assent, see s. 212(2)

I2

S. 174 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))