Paragraph 5 Effect of objection being made to making of orderI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 18 Pt. 1 applied by 2003 c. 21, Sch. 4 para. 3(6A)(6B) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 338(2)(b)
Sch. 18 para. 5(2)-(9) applied by 2018 c. 5, Sch. 9 para. 7(aa) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 436(b)(ii)
Sch. 18 para. 9(2)-(9) applied by 2018 c. 5, Sch. 9 para. 7(aa) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 436(b)(ii)

(1)

This paragraph applies where an objection to the making of an order under section 317 has been made in accordance with paragraph 4 and not withdrawn.

(2)

In considering whether to make an order, the Welsh Ministers and the appropriate Minister—

(a)

must consider the grounds of the objection set out in the statement that was included in the objection or in a document included with it (“the original statement”), and

(b)

may require the objector to submit within a specified period a further statement relating to any of the matters to which the objection relates (a “further statement”).

(3)

But sub-paragraph (2) does not apply if—

(a)

the Welsh Ministers and the appropriate Minister decide, without having regard to the objection, not to make the order, or

(b)

the Welsh Ministers and the appropriate Minister decide to make a modification that the objector agrees meets the objection.

(4)

In so far as the Welsh Ministers and the appropriate Minister are satisfied, after considering the grounds of the objection set out in the original statement and in any further statement, that the objection relates to a matter that can be dealt with in the assessment of compensation, they may disregard the objection.

(5)

If—

(a)

the Welsh Ministers and the appropriate Minister are satisfied, after considering the grounds of the objection set out in the original statement and in any further statement, that they are sufficiently informed about the matters to which the objection relates, or

(b)

an objector fails to submit a further statement within a specified period as required by the Welsh Ministers and the appropriate Minister,

the Welsh Ministers and the appropriate Minister may decide whether to make the order without carrying out further investigation into the matters to which the objection relates.

(6)

If neither sub-paragraph (4) nor (5) applies, before deciding whether to make the order, the Welsh Ministers and the appropriate Minister must give the objector an opportunity to appear before and be heard by a person appointed by them.

(7)

If the objector takes that opportunity, the Welsh Ministers and the appropriate Minister must give each of the following persons the opportunity to be heard on the same occasion—

(a)

the authority that made the representation mentioned in section 317(1), and

(b)

any other person they consider appropriate.

(8)

Despite the previous provisions of this paragraph, if the Welsh Ministers and the appropriate Minister consider that the matters to which the objection relates require investigation at a local inquiry before they decide whether to make an order, they must cause a local inquiry to be held.

(9)

Where the Welsh Ministers and the appropriate Minister decide to cause a local inquiry to be held, they are not required to comply with any of the requirements of sub-paragraphs (2), (6) and (7) that have not been complied with at the time of that decision.

Annotations

Commencement

I1: Sch. 18 para. 5 not in force at Royal Assent, see s. 409(2)