Commentary on Sections
Part 5 Applications to the Welsh Ministers
Section 22 – Timetable for determining applications
93.This section inserts section 62L into the TCPA 1990.
94.Section 62L places the Welsh Ministers under a duty to determine an application for DNS, and make any decision about a secondary consent that is connected to it, before the end of the “determination period”. This is the period of 36 weeks starting on the date the application is accepted by the Welsh Ministers. The Welsh Ministers must report annually to the National Assembly for Wales on their compliance with this requirement.
95.The Welsh Ministers may by order, substitute a different period as the determination period. They may, also by development order, provide what constitutes “acceptance” of an application. Such an order could, for example, provide that acceptance of an application is contingent on the Welsh Ministers confirming that they are satisfied that an application complies with all prescribed requirements.
96.The section also enables the Welsh Ministers, by notice, to suspend the determination period in any particular case, and to terminate, reduce or extend a period of suspension. Any such notice must be issued to the applicant, the local planning authority to which the application would have otherwise been made and any representative persons that the Welsh Ministers consider appropriate. A development order may provide how and when such a notice is given. The Welsh Ministers must report annually to the National Assembly for Wales on their exercise of these functions.
97.Sections 24 to 27 of the Act make further provision about the procedure for determining DNS applications. The effect of these sections is described below.
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