The Planning (Listed Buildings and Conservation Areas) (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014 are made by the Welsh Ministers in exercise of the powers conferred on them by sections 88E and 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ("the 1990 Act").
These Regulations are preceded by the Town and Country Planning (Determination of Procedure) (Wales) Order 2014, which inserted section 88E into the 1990 Act.
Section 88E of the 1990 Act gives the Welsh Ministers the power to determine the procedure for certain proceedings in Wales, namely proceedings for applications referred to the Welsh Ministers under section 12 and appeals under sections 20 and 39 of the 1990 Act. Determinations of procedure for such proceedings must be made by the Welsh Ministers before the end of the prescribed period.
These Regulations prescribe that period as seven working days from the relevant date, which is defined for these purposes.
The "relevant date" here means—
(a) in relation to referrals under section 12 (Reference of certain applications to Secretary of State) of the 1990 Act the day on which the Welsh Ministers receive notice of the referral from the local planning authority;
(b) in relation to an appeal under section 20 (Right to appeal against decision or failure to take decision) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal, together with the documents specified in regulation 12(2) (concerning appeals) of the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012; and
(c) in relation to an appeal under section 39 (Appeal against listed building enforcement notice) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal and the written statement in accordance with regulation 5 (Statement of appeal) of the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003.
Date: 12/11/2014 Coming into force
Author: Minister for Natural Resources
DCP link: This item updates DCP section 5.34
SI details: Welsh statutory instrument 2014 No. 2776