Determination of Procedure (Prescribed Period) Regulations for Wales

These Regulations specify a prescribed period of seven working days for the determination of procedure in Wales.

The Town and Country Planning (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014 are made by the Welsh Ministers in exercise of the powers conferred on them by sections 319B and 333 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 319B 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 77 and appeals under sections 78, 174, 195 and 208 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 77( Reference of 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 78 (Right to appeal against planning decisions and failure to take such decisions.) of the 1990 Act, the day on which the Welsh Ministers receive the completed form and the documents specified in article 26(1) and (3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;

(c) in relation to an appeal under section 174 (Appeal against enforcement notice) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal under section 174(3) together with the statement of appeal submitted in accordance with regulation 5 of the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003(8);

(d) in relation to appeals under section 195 (Appeals against refusal or failure to give decision on application) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal from the applicant; and

(e) in relation to appeals under section 208 (Appeals against s. 207 notices) of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal from the applicant. 

Date: 12/11/2014 Coming into force

AuthorMinister for Natural Resources

DCP link: This item updates DCP section 4.3

SI details: Welsh statutory instrument 2014 No. 281


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