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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003 No. 390 (W.52) URL: http://www.bailii.org/wales/legis/num_reg/2003/20030390e.html |
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| Made | 25th February 2003 | ||
| Coming into force | 1st April 2003 |
notifying the National Assembly of their wish that the appeal be disposed of on the basis of written representations;
whichever is later; and
Application of the Regulations
3.
- (1) These Regulations apply where, after they come into force, an appellant informs the National Assembly in the relevant notice of a wish for the appeal to be disposed of on the basis of written representations.
(2) Where an appeal is not being disposed of on the basis of written representations and the appellant and the local planning authority inform the National Assembly that they wish it to be disposed of on that basis, these Regulations apply to the appeal to such extent as the National Assembly may specify having regard to any steps already taken in relation to the appeal.
(3) These Regulations cease to apply to appeals if the National Assembly informs the appellant and the local planning authority that it will afford to them an opportunity of attending and taking part in a hearing or a local inquiry held by a person appointed by it for the purpose.
Notification of receipt of application
4.
The National Assembly must, as soon as practicable after receipt of the relevant notice, advise the appellant and the local planning authority in writing of -
Notice to interested persons
5.
- (1) The local planning authority must give written notice of the appeal, so as to be received within 2 weeks of the starting date, to -
(2) A notice under paragraph (1) must -
Questionnaire
6.
- (1) The local planning authority must send to the National Assembly, and copy to the appellant, so as to be received within 2 weeks of the starting date -
(2) The questionnaire must state the date on which it is sent to the National Assembly.
Representations
7.
- (1) The relevant notice, and the documents accompanying it, will be deemed to comprise the appellant's representations in relation to the appeal.
(2) The local planning authority may elect to treat the questionnaire, and the documents sent with it, as its representations in relation to the appeal and, where it does so, it must notify the National Assembly and the appellant accordingly when it sends to the National Assembly, and copies to the appellant, the questionnaire in accordance with regulation 6.
(3) Where the local planning authority does not elect as described in paragraph (2), it must ensure that 2 copies of those further written representations are received by the National Assembly within 6 weeks of the starting date.
(4) An appellant who wishes to make any further representations to those in paragraph (1) must send 2 copies of those further representations to the National Assembly so as to be received within 6 weeks of the starting date.
(5) Any representations made to the National Assembly under paragraphs (3) and (4) must be dated with the date on which they are sent to the National Assembly.
(6) The National Assembly must, as soon as practicable after receipt, send to the appellant a copy of any representations sent to it by the local planning authority and must send to the local planning authority a copy of any representations sent to it by the appellant.
(7) The appellant and the local planning authority must send to the National Assembly 2 copies of any written comments they have on each other's representations so as to be received within 9 weeks of the starting date and the National Assembly must, as soon as practicable after receipt, send a copy of those further comments to the other party.
(8) The National Assembly may disregard further information from the appellant and the local planning authority which is not received within 9 weeks of the starting date unless that further information has been requested by it.
Third party representations
8.
- (1) A person who has been notified under regulation 5(1), and who wishes to send representations to the National Assembly, may do so provided they are received by the National Assembly within 6 weeks of the starting date.
(2) The National Assembly must -
(3) The National Assembly may disregard comments made by the local planning authority under paragraph (2)(b) if the authority has failed to give the notice required by regulation 5.
Allowing further time
9.
The National Assembly may in a particular case give directions which extend the time limits prescribed by these Regulations.
Decision on an application
10.
- (1) The National Assembly may proceed to a decision on an appeal taking into account only such written representations as have been received within the relevant time limits.
(2) The National Assembly may, after giving the appellant and the local planning authority written notice of its intention to do so, proceed to a decision on an appeal notwithstanding that no written representations have been made within the relevant time limits if it appears to the National Assembly that it has sufficient material before it to enable it to reach a decision on the merits of the case.
(3) In this regulation, "relevant time limits" means the time limits prescribed by these Regulations or by any direction given under regulation 9.
Notification of decision
11.
The National Assembly must notify the decision on an appeal, and its reasons for reaching that decision, in writing to -
Transmission of documents
12.
- (1) Any document required or authorised to be sent by one person to another under these Regulations may be sent by post or by means of electronic communication and any reference in these Regulations, however expressed, to writing is to be construed as including a reference to a form capable of being stored on, transmitted to and from, and read by means of a computer.
(2) Where, under these Regulations, there is a requirement that a copy of a statement, representation notice or other document should be sent by one person to another then, if that copy is sent by means of electronic communication, any further requirement that more than one copy should be sent is to be disregarded.
Revocation and transitional provisions
13.
- (1) Subject to paragraph (3), the Town and Country Planning (Appeals) (Written Representations Procedure) Regulations 1987[6] ("the 1987 Regulations") are revoked so far as they apply to Wales[7].
(2) Subject to paragraph (3), Part IV (regulations 11 to 16) of the Town and Country Planning (Trees) Regulations 1999[8] ("the 1999 Regulations") is revoked so far as it applies to Wales.
(3) Subject to paragraph (4), any appeal to which the 1987 Regulations or, as the case may be, the 1999 Regulations applied which has not been determined on the date when these Regulations come into force is to be continued under the 1987 Regulations or the 1999 Regulations, as the case may be.
(4) Where a decision of the National Assembly on an appeal to which the 1987 Regulations or, as the case may be, the 1999 Regulations applied is subsequently quashed in proceedings before any court, the decision is to be re-determined in accordance with these Regulations and not the 1987 Regulations or, as the case may be, the 1999 Regulations.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9]
D.Elis-Thomas
The Presiding Officer of the National Assembly
25th February 2003
where those matters are to be disposed of on the basis of written representations.
Section 77 of the Planning Act empowers the National Assembly to direct a local planning authority ("the authority") to refer to the National Assembly for determination any application for planning permission, or for approval required under a development order, which has been made to the authority.
Section 78 of the Planning Act confers a right of appeal to the National Assembly against certain planning decisions of the authority and where the authority fails to notify such a planning decision within the prescribed periods. The section is applied to appeals against decisions to refuse consent, to grant conditional consent, to give a direction under a tree preservation order or to refuse an application for consent, agreement or approval required under such a direction (or to fail to determine any of the above within the required time limit) in relation to tree preservation orders.
Section 208 of the Planning Act confers a right of appeal to the National Assembly on a person on whom a tree preservation enforcement notice has been served under section 207(1) of that Act.
Section 12 of the Listed Buildings Act empowers the National Assembly to direct a local planning authority to refer to the National Assembly for determination any application for listed building consent which has been made to the authority. These Regulations apply to such referrals, except where the referral is deemed to have been made, by a local planning authority in respect of its own application, under regulation 13 of the Listed Buildings Regulations.
Section 19 of that Act enables a person to apply to the authority for the variation or discharge of conditions contained in a listed building consent which that authority has previously given and section 20 of that Act provides a person aggrieved by a decision of the authority with a right of appeal to the National Assembly. Section 74 of the Listed Buildings Act applies those functions to conservation area consents.
The applicant or, as the case may be, the appellant, and the authority, are entitled in any appeal proceedings to appear before, and be heard by, a person appointed by the National Assembly but they may agree instead for the appeal to be determined on the basis of written representations and supporting documents.
These Regulations replace, subject to the transitional provisions in regulation 13 of these Regulations, the Town and Country Planning (Appeals) (Written Representations Procedure) Regulations 1987 (S.I. 1987/701) ("the 1987 Regulations"), and revoke Part IV (regulations 11 to 16) of the Town and Country Planning (Trees) Regulations 1999 (S.I. 1999/1892) ("the 1999 Regulations"), in relation to Wales.
The 1987 Regulations were revoked and replaced in relation to England by the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 (S.I. 2000/1628). Part IV of the 1999 Regulations remains in force in England.
The main changes made by these Regulations are that -
[2] 1990 c.9; section 89(1) applies the regulation-making provisions contained in section 323 of the Town and Country Planning Act 1990 to the Planning (Listed Buildings and Conservation Areas) Act 1990.back
[3] See article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)).back
[7] The 1987 Regulations were revoked and replaced so far as they applied to England by the Town and Country Planning (Appeals) (Written Representations) (England) Regulations 2000 (S.I. 2000/1628), regulation 12.back
| © Crown copyright 2003 | Prepared 27 March 2003 |
