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

Explanatory Note

(This note does not form part of the Regulations)

These Regulations lay down the procedure and time limits in connection with the determination of an—

(a) application which has been referred to the National Assembly for Wales (“the National Assembly”) under section 77 of the Town and Country Planning Act 1990 (“the Planning Act”);

(b) appeal under section 78 of the Planning Act (including where that section has been applied to tree preservation orders);

(c) appeal under section 208 of the Planning Act;

(d) application for listed building consent which has been referred to the National Assembly under section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”) (other than by virtue of regulation 13(3) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (“the Listed Buildings Regulations”)), or for the variation or discharge of conditions referred to it under that section as applied by section 19 of that Act;

(e) appeal under section 20 of the Listed Buildings Act;

(f) application for conservation area consent referred, other than where the application is deemed to have been referred by virtue of regulation 13(3) of the Listed Buildings Regulations, to the National Assembly under section 12 of the Listed Buildings Act (including an application to which that section is applied by section 19 of that Act), as those sections are applied by section 74(3) of that Act;

(g) appeal under section 20 of the Listed Buildings Act, as that section is applied by section 74(3) of that Act,

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—

(a) they apply to cases where a planning application has been required to be referred to the National Assembly under section 77 of the Planning Act (the “call-in” procedure), to a right of appeal under section 78 of the Planning Act against planning decisions and failure to take such decisions (and to appeals to which section 78 of that Act is applied by tree preservation order legislation), to a right of appeal under section 208 of the Planning Act against the service by a local planning authority of a tree preservation order enforcement notice and to applications and appeals relating to listed building consent or for the variation or discharge of conditions contained in a listed building consent (and to those provisions applied to conservation areas) under the Listed Buildings Act;

(b) the authority must notify statutory consultees and interested persons of the appeal within 2 weeks of the starting date and the power to make confidential representations has been removed (regulation 5);

(c) strict time limits for the submission of representations and further comments on representations have been imposed. The National Assembly is required to forward copies of representations and comments to the other parties as soon as practicable after receipt (regulation 7);

(d) time limits are extended for notified interested parties to send representations to the National Assembly and the National Assembly has the power to disregard comments made by the local planning authority on interested persons representations where the local planning authority has not notified interested persons correctly (regulation 8);

(e) the National Assembly is given power to disregard written representations not received within the relevant time limits (regulation 10); and

(f) documents are authorised to be sent by means of electronic communication (regulation 12).