# The Port Talbot Steelworks Generating Station Order 2015, Paragraph 4: Appeals

Extent: E+W+S

(1) The undertaker may appeal if—
(a) the relevant planning authority—
(i) refuses an application for any consent, agreement or approval required by a Requirement;
(ii) does not determine the application within the decision period set out in paragraph 2; or
(iii) grants the application subject to conditions;
(b) on receipt of a request for further information pursuant to paragraph 3, the undertaker considers that the whole or part of the specified further information requested by the relevant planning authority is not necessary to determine the application; or
(c) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the further information provided is inadequate and requests additional information that the undertaker considers is not necessary to determine the application.
(2) The appeal process is as follows—
(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination or, where no determination has been made, end of the decision period set out in paragraph 2;
(b) the undertaker must—
(i) submit a copy of the application submitted to the relevant planning authority and any supporting documentation that the undertaker wishes to provide (together, the “appeal documentation”) to the Secretary of State; and
(ii) provide on the same day copies of the appeal documentation to the relevant planning authority and any requirement consultee;
(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must—
(i) appoint a person to determine the appeal (the “appointed person”), who must be a qualified town planner with at least 10 years’ experience (and may but need not be a person appointed under paragraph 1 of Schedule 6 to the 1990 Act); and
(ii) notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention must be sent;
(d) the relevant planning authority and any requirement consultee—
(i) may submit written representations in respect of the appeal to the appointed person within 20 business beginning with the day following the day on which the appeal parties are notified of the appointment of the appointed person; and
(ii) must ensure that copies of any written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
(e) the appeal parties may make any counter-submissions to the appointed person within 20 business days of receipt of written representations made under paragraph (d); and
(f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
(3) The appointment of a person under sub-paragraph (2)(c)(i) may be made by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
(4) If the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as is practicable notify the appeal parties in writing specifying the further information required.
(5) The undertaker must provide the further information specified under sub-paragraph (4) to the appointed person, the relevant planning authority and any requirement consultee by the date specified by the appointed person (the “specified date”).
(6) On or before the specified date, the appointed person must notify the appeal parties of the revised timetable for the appeal, which must require submission of written representations to the appointed person within 10 business days of the specified date but must otherwise be in accordance with the process and time limits set out in sub-paragraph (2)(d) to (f).
(7) On an appeal under this paragraph, the appointed person may—
(a) allow or dismiss the appeal, or
(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to the appointed person in the first instance.
(8) The appointed person must decide an appeal taking into account only such written representations as have been submitted within the relevant time limits.
(9) The appointed person may decide an appeal even though no written representations have been submitted within the relevant time limits, if it appears that there is sufficient material to enable a decision to be made on the merits of the case.
(10) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
(11) If a consent, agreement or approval is given by the appointed person pursuant to this Schedule, it is deemed to be a consent, agreement or approval for the purpose of Schedule 2 (Requirements) as if it had been given by the relevant planning authority.
(12) The relevant planning authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) does not affect or invalidate the appointed person’s determination.
(13) Except where a direction is given under sub-paragraph (14) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be paid by the undertaker.
(14) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid.
(15) In considering whether to give a direction under sub-paragraph (14) and the terms on which to give it, the appointed person must have regard to Welsh Government Circular NAFWC 07/2003 Planning (and Analogous) Appeals and Call-in Procedures or any circular or guidance which may from time to time replace it.

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Source: https://www.legislation.gov.uk/uksi/2015/1984/schedule/5/paragraph/4 (the official version)
Page: https://openlegislation.uk/port-talbot-steelworks-generating-station-order-2015/schedule-5/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.