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
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
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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
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1990 c. 9. Section 88E was inserted by S.I. 2014/2773 (W. 280).
- f3
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1990 c. 10. Section 21B was inserted by S.I. 2014/2773 (W. 280).
Contents
- Part 1: General
- 1Title and commencement
- 2Application
- 3Interpretation
- 4Use of electronic communications
- 4AUse of electronic communications
- 5Transmission of documents
- 6Withdrawal of consent to use of electronic communications
- 7Allowing further time
- 8Site inspections
- 9Further information
- 10Inspection of documents
- 11Matters which may be raised in an appeal against decisions
- 12Representations to be taken into account
- 13Prescribed period
- 13APeriod specified for choice of inquiry, hearing or written procedure
- 14Determination of procedure
- Part 2: Initial Procedure
- 15Notification of receipt of appeal
- 16Questionnaire
- 17Notice to interested persons
- Part 3: Procedure for Householder, Advertisement Consent and Minor Commercial Appeals
- 18Application of Part 3
- 19Representations
- 20Transfer of appeal from Part 3
- Part 4: Written Representations
- 21Application of Part 4
- 22Representations
- 23Interested persons’ representations
- 24Further representations
- 25Written representations inappropriate
- Part 5: Hearings
- 26Application of Part 5
- 27Notification of name of appointed person
- 28Appointment of assessor
- 29Date, place and notification of hearing
- 30Public notice of hearing
- 31Participation in a hearing
- 32Absence, adjournment etc.
- 33Procedure at hearing
- 34Hearing inappropriate
- Part 6: Inquiries
- 35Application of Part 6
- 36Notification of name of appointed person
- 37Appointment of assessor
- 38Participation in an inquiry
- 39Absence, adjournment etc.
- 40Pre-inquiry meetings
- 41Inquiry timetable
- 42Date, place and notification of inquiry
- 43Public notice of inquiry
- 44Written statements of evidence
- 45Procedure at inquiry
- 46Inquiry inappropriate
- Part 7: Procedure after written representations, hearings, inquires or combined proceedings
- Chapter 1: Appeals determined by appointed persons following written representations, hearings, inquiries or combined proceedings
- 47Procedure after proceedings
- Chapter 2: Appeals determined by the Welsh Ministers following written representations, hearings, inquiries or combined proceedings
- 48Procedure after proceedings
- Chapter: CHAPTER 3
- 49Notice of decision
- Part 8: Quashed decisions
- 50Procedure following quashing of decision
- Part 9: National Security Directions
- 51Modifications where national security direction given
- Part 10: Enforcement Notices issued by the Welsh Ministers
- 52Application of Regulations to enforcement notices issued by the Welsh Ministers
- Part 10A: Applications relating to urgent works on Crown land
- 52ARegulation 52A
- Part 11: Revocation and consequential amendment
- 53Revocation, transitional and saving provisions
- 54Consequential amendment Repealed
- Signature
- Schedule 1: Minor commercial development uses
- 1Shops
- 2Financial and professional services
- 3Food and drink
- Schedule 2: Modifications where national security direction given
- 1Interpretation
- 2Site inspections
- 3Further information
- 4Representations
- 5Interested persons’ representations
- 6Further representations
- 7Appointment of assessor
- 8Date, place and notification of hearing and inquiry
- 9Participation in a hearing, participation in an inquiry
- 10Absence, adjournment etc.
- 11Procedure at hearing
- 12Pre-inquiry meetings
- 13Written statements of evidence
- 14Procedure at inquiry
- 15Procedure after written representations, hearings, inquires or combined proceedings.
- 16Procedure after written representations, hearings, inquires or combined proceedings.
- 17Notification of decision
- 18Procedure following quashing of decision
- 19Closed evidence not to be disclosed
- Schedule 3: Modifications where enforcement notices issued by Welsh Ministers
- 1Interpretation
- 2Further information
- 3Inspection of documents
- 4Determination of procedure
- 5Notification of receipt of appeal
- 6Questionnaire
- 7Notice to interested persons
- 8Representations
- 9Interested persons’ representations
- 10Further representations
- 11Written representations inappropriate
- 12Appointment of assessor
- 13Date, place and notification of hearing or inquiry
- 14Public notice of hearing or inquiry
- 15Participation in a hearing or inquiry
- 16Absence and adjournment
- 17Procedure at hearing
- 18Hearing inappropriate
- 19Pre-inquiry meetings
- 20Written statements of evidence
- 21Procedure at inquiry
- 22Inquiry inappropriate
- 23Procedure after proceedings
- 24Procedure after proceedings
- 25Notice of decision
- Schedule 4Statutory Instruments Revoked so far as they apply to Wales
- Explanatory note