Paragraph 4 Right to appeal against determination of applicationI1
England and Wales Not yet in force
Where on an application under paragraph 1 a planning authority determines conditions that differ in any respect from the conditions proposed in the application, the applicant may appeal to the Welsh Ministers.
An appeal must be made by serving a notice of appeal on the Welsh Ministers before the end of 6 months beginning with the day after the day the planning authority makes its decision on the application.
A notice of appeal—
must be on a form published or provided by the Welsh Ministers or a person authorised by them, and
must give the information required by the form, so far as reasonably practicable.
On an appeal under this paragraph the Welsh Ministers may—
allow or dismiss the appeal, or
reverse or vary any part of the planning authority’s decision (whether or not the appeal relates to that part),
and may deal with the application as if it had been made to them in the first instance.
If at any time before or during the determination of the appeal the Welsh Ministers consider that the appellant is responsible for undue delay in the progress of the appeal—
they may give the appellant notice that the appeal will be dismissed unless, within the period specified in the notice, the appellant takes steps specified in the notice for the expedition of the appeal, and
if the appellant fails to take those steps within that period, they may dismiss the appeal.
Chapter 2 of Part 14 makes further provision about the procedure for the consideration of appeals under this paragraph (including provision for them to be determined by inspectors).
Where regulations make provision under section 58 that would apply to an application for a minerals permission, the provision applies to an appeal under this paragraph with any necessary modifications.
The decision of the Welsh Ministers on the appeal is final.
Annotations
Commencement
- I1
Sch. 8 para. 4 not in force at Royal Assent, see s. 409(2)