Town and Country Planning Act 1990

[F1 Power of Welsh Ministers to exercise functions in place of appointed person E+W

Textual Amendments

F1 Sch. 4D inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 1; S.I. 2016/52, art. 3(d)

9 E+W The Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application or consent, by them instead of by a person appointed under paragraph 1 or paragraph 2.

10 E+W A copy of a direction given under paragraph 9 in respect of a relevant application or consent is to be served on—

(a) the person (if any) appointed, in respect of the application or consent, under paragraph 1 or 2;

(b) the applicant;

(c) in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

11 (1) Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application or consent is to be made by the Welsh Ministers instead of a person appointed under paragraph 1 or 2. E+W

(2) In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph 1 or 2 in respect of the application.

12 E+W Subject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application or consent concerned is to be treated as though no appointment under paragraph 1 or 2 had ever been made.

13 (1) The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application or consent concerned has been made. E+W

(2) On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on—

(a) the person, if any, previously appointed under paragraph 1 or 2 in respect of the application or consent;

(b) the applicant;

(c) in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.

(3) Where a direction is given under this paragraph—

(a) the Welsh Ministers must appoint a person (the “new appointee”) under paragraph 1 or 2, as the case may be, in respect of the application or consent,

(b) anything done by or on behalf of the Welsh Ministers in connection with the application or consent that might have been done by a person appointed under paragraph 1 or 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and

(c) subject to that, this Schedule applies as if no direction under paragraph 9 had been given.]