The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003

Contents

1Citation, commencement and application#

(1)These Regulations may be cited as the Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003 and come into force on 1st April 2003.

(2)These Regulations apply to Wales.

2Interpretation#

In these Regulations—• “appeal” (“apêl”) means, in relation to—(a) section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the determination of an application which has been referred to the National Assembly, but does not include an application which is deemed to have been referred to the National Assembly by virtue of regulation 13(3) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990; and(b) section 78 or 208 of the Planning Act or section 20 of the Listed Buildings Act, an appeal made under that section;• “appellant” (“apelydd”) means, in the case of—(a) an application referred to the National Assembly under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the person who made that application to the local planning authority;(b) an appeal under section 78 of the Planning Act or section 20 of the Listed Buildings Act, the person whose application was refused, granted subject to conditions or not determined, by the local planning authority; and(c) an appeal under section 208 of the Planning Act, the person on whom a notice has been served under section 207(1) of that Act;• “application” (“cais”) means, in relation to—(a) section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the application which has been referred to the National Assembly;(b) section 78 of the Planning Act or section 20 of the Listed Buildings Act, the application which is the subject of the appeal; and(c) section 208 of the Planning Act, the notice served by the local planning authority under section 207(1) of that Act;• “document” (“dogfen”) 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;• “the Listed Buildings Act” (“y Ddeddf Adeiladau Rhestredig”) means the Planning (Listed Buildings and Conservation Areas) Act 1990;• “local planning authority” (“awdurdod cynllunio lleol”) means, in relation to—(a) an application under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the body which would have dealt with the application had it not been referred to the National Assembly;(b) an appeal under section 78 of the Planning Act or section 20 of the Listed Buildings Act, the body which was responsible for determining the application occasioning the appeal; and(c) an appeal under section 208 of the Planning Act, the body which served the notice under section 207(1) of that Act;• “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;• “the Planning Act” (“y Ddeddf Gynllunio”) means the Town and Country Planning Act 1990;• “questionnaire” (“holiadur”) means a document in the form supplied by the National Assembly to a local planning authority for the purpose of proceedings under these Regulations;• references to section 12, 19 or 20 of the Listed Buildings Act includes reference to those sections as applied by section 74(3) of that Act;• references to section 78 of the Planning Act includes reference to that section as applied to applications for tree preservation orders made under that Act;• “relevant notice” (“hysbysiad perthnasol”) means, in relation to an—(a) application referred to the National Assembly under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, a written request by the appellant that the matter be disposed of by means of written representations; and(b) appeal brought under section 78 or 208 of the Planning Act or section 20 of the Listed Buildings Act, a written notice served by the appellant,notifying the National Assembly of their wish that the appeal be disposed of on the basis of written representations;• “starting date” (“dyddiad dechrau”) means the date of the—(a) National Assembly’s written notice to the appellant and the local planning authority that all the documents required to enable it to entertain the appeal have been received; or(b) written notice under regulation 4 below,whichever is later; and• “written representations” (“sylwadau ysgrifenedig”) includes supporting documents.

3Application of the Regulations#

(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.

4Notification of receipt of application#

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—

(a)the starting date;

(b)the reference number allocated to the appeal; and

(c)the address to which written communications to the National Assembly about the appeal are to be sent.

5Notice to interested persons#

(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—

(a)any person notified or consulted in accordance with the Planning Act, the Listed Buildings Act or a development order, as the case may be, about an appeal; and

(b)any other person who made representations to the local planning authority about an appeal.

(2)A notice under paragraph (1) must—

(a)state the name of the appellant and the address of the site to which the appeal relates;

(b)describe the appeal;

(c)set out the matters notified to the appellant and local planning authority under regulation 4;

(d)state that copies of any representations made by any person mentioned in paragraph (1) will be sent to the National Assembly and the appellant;

(e)state that any such representations will be considered by the National Assembly when determining the appeal unless any person mentioned in paragraph (1) withdraws them within 6 weeks of the starting date; and

(f)state that further written representations may be sent to the National Assembly so as to be received within 6 weeks of the starting date.

6Questionnaire#

(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—

(a)a completed questionnaire; and

(b)a copy of each of the documents referred to in it.

(2)The questionnaire must state the date on which it is sent to the National Assembly.

7Representations#

(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.

8Third party representations#

(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—

(a)send to the appellant and the local planning authority, as soon as practicable after receipt, a copy of any representations received by the National Assembly from any other person in relation to the appeal; and

(b)specify a period of not less than 2 weeks within which any written comments on the representations must be received by the National Assembly.

(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.

9Allowing further time#

The National Assembly may in a particular case give directions which extend the time limits prescribed by these Regulations.

10Decision on an application#

(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.

11Notification of decision#

The National Assembly must notify the decision on an appeal, and its reasons for reaching that decision, in writing to—

(a)the appellant;

(b)the local planning authority;

(c)any interested person; and

(d)any other person who has asked to be notified of the decision whom the National Assembly considers it reasonable to notify.

12Transmission of documents#

(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.

13Revocation and transitional provisions#

(1)Subject to paragraph (3), the Town and Country Planning (Appeals) (Written Representations Procedure) Regulations 1987 (“the 1987 Regulations”) are revoked so far as they apply to Wales.

(2)Subject to paragraph (3), Part IV (regulations 11 to 16) of the Town and Country Planning (Trees) Regulations 1999 (“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.

Contains public sector information licensed under the Open Government Licence v3.0.