The Planning Act 2008 (Commencement No. 3) (Wales) Order 2014

This Order brings section 198 of the Planning Act 2008 (appeals relating to old mining permissions) into force on the 28 November 2014, in relation to Wales, insofar as it is not already in force.

The Order makes a number of amendments to the Town and Country Planning Act (TCPA) 1990 and the Planning and Compensation Act 1991. The main amendments are:

  • Schedule 6 to TCPA (determination of certain appeals by person appointed by Secretary of State) is amended such that the Secretary of State may prescribe classes of appeals under , among others regulations, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991. This paragraph regulates on the right of appeal where a mineral planning authority refuses an application for registration of old mining permissions.
  • Schedule 6 of TCPA is also amended whereby the powers and duties of the appointed person for determination of appeals are extended to include the provisions of paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991.
  • Paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991 shall not apply to an appeal which falls to be determined by an appointed person. This paragraph states that "Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

Date: 28/11/2014 Coming into force.

AuthorMinister for Natural Resources

DCP link: This item updates DCP section 25.112

SI details: Welsh statutory instrument 2014 No. 2780


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