Article 2 Interpretation

In these Rules—

• “appellant”, in the case of an application, means the applicant;

• “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;

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

• “hearing statement” means, and is comprised 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 in relation to which the Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003^f2 or the Town and Country Planning Appeals (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 a hearing relates;

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

• “local planning authority” means the body responsible for dealing with the application occasioning the appeal;

• “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; or

  2. (b)

     relevant notice,

  whichever is the later;

• “statutory party” means—

  1. (a)

     a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995^f6 whose representations the National Assembly is required by paragraph (3) of that article to take into account in determining the appeal to which a hearing relates; and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and

  2. (b)

     a person whose representations the National Assembly is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990^f7 to take into account in determining the appeal to which a hearing relates; and a person whose representations the local planning authority was required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal; and

• “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^f8.