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The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017

W.S.I. 2017/544 · Made 5 April 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2024.

Town And Country Planning, Wales

Made 5 April 2017

Laid before the National Assembly for Wales 11 April 2017

Coming into force 5 May 2017

The Welsh Ministers, in exercise of the powers conferred on them by sections 217, 319B and 323A of the Town and Country Planning Act 1990f1, section 88E of the Planning (Listed Buildings and Conservation Areas) Act 1990f2 and section 21B of the Planning (Hazardous Substances) Act 1990f3, make the following Regulations:C1

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (7.1.2019) by The Sustainable Drainage (Appeals) (Wales) Regulations 2018 (S.I. 2018/1181), regs. 1(2), 9, 17(2)

Footnotes

f1

1990 c. 8. Section 217 was amended by section 48(1) to (6) of the Planning (Wales) Act 2015 (anaw 4) (“the 2015 Act”). Section 319B was inserted by the Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773 (W.280)). Section 323A was inserted by section 50 of the 2015 Act. Section 323A was applied to the Planning (Listed Buildings and Conservation Areas) Act 1990 by paragraph 21 of Schedule 5 to the 2015 Act and to the Planning (Hazardous Substances) Act 1990 by paragraph 25 of Schedule 5 to the 2015 Act.

f2

1990 c. 9. Section 88E was inserted by S.I. 2014/2773 (W. 280).

f3

1990 c. 10. Section 21B was inserted by S.I. 2014/2773 (W. 280).

Contents

  1. Part 1: General
  2. 1Title and commencement
  3. 2Application
  4. 3Interpretation
  5. 4Use of electronic communications
  6. 4AUse of electronic communications
  7. 5Transmission of documents
  8. 6Withdrawal of consent to use of electronic communications
  9. 7Allowing further time
  10. 8Site inspections
  11. 9Further information
  12. 10Inspection of documents
  13. 11Matters which may be raised in an appeal against decisions
  14. 12Representations to be taken into account
  15. 13Prescribed period
  16. 13APeriod specified for choice of inquiry, hearing or written procedure
  17. 14Determination of procedure
  18. Part 2: Initial Procedure
  19. 15Notification of receipt of appeal
  20. 16Questionnaire
  21. 17Notice to interested persons
  22. Part 3: Procedure for Householder, Advertisement Consent and Minor Commercial Appeals
  23. 18Application of Part 3
  24. 19Representations
  25. 20Transfer of appeal from Part 3
  26. Part 4: Written Representations
  27. 21Application of Part 4
  28. 22Representations
  29. 23Interested persons’ representations
  30. 24Further representations
  31. 25Written representations inappropriate
  32. Part 5: Hearings
  33. 26Application of Part 5
  34. 27Notification of name of appointed person
  35. 28Appointment of assessor
  36. 29Date, place and notification of hearing
  37. 30Public notice of hearing
  38. 31Participation in a hearing
  39. 32Absence, adjournment etc.
  40. 33Procedure at hearing
  41. 34Hearing inappropriate
  42. Part 6: Inquiries
  43. 35Application of Part 6
  44. 36Notification of name of appointed person
  45. 37Appointment of assessor
  46. 38Participation in an inquiry
  47. 39Absence, adjournment etc.
  48. 40Pre-inquiry meetings
  49. 41Inquiry timetable
  50. 42Date, place and notification of inquiry
  51. 43Public notice of inquiry
  52. 44Written statements of evidence
  53. 45Procedure at inquiry
  54. 46Inquiry inappropriate
  55. Part 7: Procedure after written representations, hearings, inquires or combined proceedings
  56. Chapter 1: Appeals determined by appointed persons following written representations, hearings, inquiries or combined proceedings
  57. 47Procedure after proceedings
  58. Chapter 2: Appeals determined by the Welsh Ministers following written representations, hearings, inquiries or combined proceedings
  59. 48Procedure after proceedings
  60. Chapter: CHAPTER 3
  61. 49Notice of decision
  62. Part 8: Quashed decisions
  63. 50Procedure following quashing of decision
  64. Part 9: National Security Directions
  65. 51Modifications where national security direction given
  66. Part 10: Enforcement Notices issued by the Welsh Ministers
  67. 52Application of Regulations to enforcement notices issued by the Welsh Ministers
  68. Part 10A: Applications relating to urgent works on Crown land
  69. 52ARegulation 52A
  70. Part 11: Revocation and consequential amendment
  71. 53Revocation, transitional and saving provisions
  72. 54Consequential amendment Repealed
  73. Signature
  74. Schedule 1: Minor commercial development uses
  75. 1Shops
  76. 2Financial and professional services
  77. 3Food and drink
  78. Schedule 2: Modifications where national security direction given
  79. 1Interpretation
  80. 2Site inspections
  81. 3Further information
  82. 4Representations
  83. 5Interested persons’ representations
  84. 6Further representations
  85. 7Appointment of assessor
  86. 8Date, place and notification of hearing and inquiry
  87. 9Participation in a hearing, participation in an inquiry
  88. 10Absence, adjournment etc.
  89. 11Procedure at hearing
  90. 12Pre-inquiry meetings
  91. 13Written statements of evidence
  92. 14Procedure at inquiry
  93. 15Procedure after written representations, hearings, inquires or combined proceedings.
  94. 16Procedure after written representations, hearings, inquires or combined proceedings.
  95. 17Notification of decision
  96. 18Procedure following quashing of decision
  97. 19Closed evidence not to be disclosed
  98. Schedule 3: Modifications where enforcement notices issued by Welsh Ministers
  99. 1Interpretation
  100. 2Further information
  101. 3Inspection of documents
  102. 4Determination of procedure
  103. 5Notification of receipt of appeal
  104. 6Questionnaire
  105. 7Notice to interested persons
  106. 8Representations
  107. 9Interested persons’ representations
  108. 10Further representations
  109. 11Written representations inappropriate
  110. 12Appointment of assessor
  111. 13Date, place and notification of hearing or inquiry
  112. 14Public notice of hearing or inquiry
  113. 15Participation in a hearing or inquiry
  114. 16Absence and adjournment
  115. 17Procedure at hearing
  116. 18Hearing inappropriate
  117. 19Pre-inquiry meetings
  118. 20Written statements of evidence
  119. 21Procedure at inquiry
  120. 22Inquiry inappropriate
  121. 23Procedure after proceedings
  122. 24Procedure after proceedings
  123. 25Notice of decision
  124. Schedule 4Statutory Instruments Revoked so far as they apply to Wales
  125. Explanatory note