Planning (Wales) Act 2015

(introduced by section 26(2))

SCHEDULE 3 E+W DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO WELSH MINISTERS: EXERCISE OF FUNCTIONS BY APPOINTED PERSON

1 E+W In TCPA 1990, after Schedule 4C insert—

“SCHEDULE 4D E+W EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO THE WELSH MINISTERS

Exercise of functions in respect of development of national significance and connected applications E+W

1 (1) Unless a direction otherwise is given under paragraph 9, a specified function, so far as exercisable in respect of—

(a) an application that a person proposes to make under section 62D,

(b) an application made under section 62D, or

(c) a secondary consent (within the meaning given by section 62H) in respect of which section 62F(2) applies,

is to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph.

(2) A “specified function”, for the purposes of sub-paragraph (1), is a function exercisable by the Welsh Ministers, under or by virtue of this Act, that is prescribed in regulations made for the purposes of this paragraph by the Welsh Ministers.

(3) Regulations under this paragraph may contain incidental or consequential provision.

Applications under section 62M or 62O: exercise of functions E+W

2 Unless a direction otherwise is given under paragraph 9—

(a) an application made under section 62M or 62O is to be determined by a person appointed for the purpose by the Welsh Ministers under this paragraph;

(b) functions exercisable by the Welsh Ministers, by virtue of section 61Z1, in respect of an application that a person proposes to make under section 62M or 62O, are to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph.

Revocation of appointments E+W

3 Where a person has been appointed under paragraph 1 or 2 in respect of an application or consent, the Welsh Ministers may at any time—

(a) revoke the appointment, and

(b) appoint another person, in respect of the application or consent, under paragraph 1 or 2 (as the case may be).

Exercise of functions by appointed person E+W

4 (1) This paragraph applies for the purposes of paragraphs 5 to 14.

(2) References to an appointed person are to a person appointed to exercise functions under paragraph 1 or 2.

(3) References to a relevant application or consent are to an application or consent, or a proposed application, in respect of which functions are exercisable by a person other than the Welsh Ministers by virtue of the person's appointment under paragraph 1 or 2.

5 A person appointed under paragraph 2 to determine an application has, so far as the context permits, the same powers and duties that the Welsh Ministers have by virtue of provision made by a development order by virtue of section 75A.

6 (1) Sub-paragraph (2) applies where any enactment (other than this Schedule)—

(a) refers (or is to be read as referring) to the Welsh Ministers in a context relating to or capable of relating to an application under section 62M or section 62O, or

(b) refers (or is to be read as referring) to anything (other than the making of an application) done or authorised or required to be done by, to or before the Welsh Ministers in connection with any such application.

(2) So far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under paragraph 2, as if the reference to the Welsh Ministers were or included a reference to an appointed person.

Determination by appointed person E+W

7 Where a decision on a relevant application or consent is determined by an appointed person, that person's decision is to be treated as being the decision of the Welsh Ministers (including for the purposes of section 284).

8 (1) It is not a ground of application to the High Court under section 288 that the determination ought to have been made by the Welsh Ministers instead of an appointed person, unless the applicant challenges the person's power to make the determination before the person's decision is given.

(2) But in the case of an application under section 62D or a secondary consent to which section 62F(2) applies, the restriction imposed by sub-paragraph (1) applies only if the function of making the decision in question is a function specified in regulations under paragraph 1.

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

9 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 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.

(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 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.

(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.

Power of Welsh Ministers to appoint assessor E+W

14 Where an appointed person holds a hearing or inquiry in relation to a relevant application or consent, the Welsh Ministers may appoint an assessor to assist the appointed person at the hearing or inquiry.”

Commencement Information

I1 Sch. 3 para. 1 partly in force; Sch. 3 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2 Sch. 3 para. 1 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(d)

2 E+W In section 59 of PCPA 2004 (correction of errors: supplementary), after subsection (2) insert—

“(2A) An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers.”

Commencement Information

I3 Sch. 3 para. 2 partly in force; Sch. 3 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I4 Sch. 3 para. 2 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 3(d)