Article 2 Interpretation

In these Rules—

• “certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act;

• “document” includes a photograph, map or plan;

• “electronic communication” has the meaning assigned to that term by section 15(1) of the Electronic Communications Act 2000^f1;

• “enforcement appeal” means an appeal against an enforcement notice;

• “enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act;

• “hearing” means a hearing to which these Rules apply;

• “hearing statement” means, and consists of, a written statement which contains full particulars of the case which a person proposes to put forward at a hearing and copies of any documents which that person intends to refer to or put in evidence;

• “inquiry” means a local inquiry to which the Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003^f2 or the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003^f3 apply;

• “inspector” means—

  1. (a)

     in relation to a transferred appeal, a person appointed by the National Assembly to determine an appeal;

  2. (b)

     in relation to a non-transferred appeal, a person appointed by the National Assembly to hold a hearing or a re-opened hearing;

• “land” means the land or building to which the hearing relates;

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990^f4;

• “local planning authority” means in relation to an—

  1. (a)

     enforcement appeal, the body who issued the relevant enforcement notice;

  2. (b)

     appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the body to whom that application was made;

• “the National Assembly” means the National Assembly for Wales;

• “non-transferred appeal” means an appeal which falls to be determined by the National Assembly, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;

• “the Planning Act” means the Town and Country Planning Act 1990^f5;

• “questionnaire” means a document in the form supplied by the National Assembly to local planning authorities for the purpose of proceedings under these Rules;

• “the relevant notice” means the National Assembly’s written notice informing the appellant and the local planning authority that a hearing is to be held;

• “starting date” means the date of the—

  1. (a)

     National Assembly’s written notice to the appellant and the local planning authority that it has received all the documents required to enable it to entertain the appeal pursuant to regulation 9 of the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003^f6; or

  2. (b)

     relevant notice,

  whichever is later;

• “transferred appeal” means an appeal which falls to be determined by a person appointed by the National Assembly under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act.