The Developments of National Significance (Wales) Regulations 2016

Public notice of hearing E+W

22.—(1) Unless the Welsh Ministers otherwise direct, the local planning authority must no later than four weeks before the date fixed for the hearing—

(a) post and maintain a notice of the hearing in the form provided by the Welsh Ministers in a conspicuous place, or (in the case of an application for permission for land-based linear works more than five kilometres in length) at intervals of not more than five kilometres, on, or as close as is reasonably practicable to, the land to which the application relates;

(b) post and maintain the notice of the hearing in one or more places where public notices are usually posted in the area to which the proposals contained in the application relate.

(2) The Welsh Ministers must publish a notice of the hearing by local advertisement in the area in which the proposals contained in the application are to have effect, such notice to be published no later than four weeks before the date fixed for the hearing.

(3) In this regulation “by local advertisement” (“drwy hysbysebu yn lleol”) means—

(a) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(b) where the Welsh Ministers maintain a website for the purpose of advertisement of applications, by publication of the notice on the website.

(4) Where a direction has been given under regulation 21(4), paragraph 22 has effect with the substitution—

(a) for references to the hearing, with references to the part of the hearing which is to be held at a place specified in the direction; and

(b) for references to the application, with references to that part of the application which is to be the subject of that part of the hearing.

(5) Any notice posted pursuant to paragraph 22 must be readily visible to and legible by members of the public.

(6) Where, without any fault or intention of the local planning authority, the notice is removed, obscured or defaced before the commencement of the hearing, the local planning authority is not for that reason to be treated as having not complied with the requirements of paragraph (5) if the local planning authority has taken reasonable steps for the protection of the notice and, if need be, its replacement.

(7) A notice of a hearing posted or published pursuant to paragraphs (1) and (2) must contain—

(a) a statement of the date, time and place of the hearing;

(b) a statement that the application is made under section 62D of the 1990 Act;

(c) a description of the proposals contained in the application sufficient to identify the location of the proposed development with or without reference to a specified map;

(d) a description of any secondary consents in relation to which the decision is to be made by the Welsh Ministers; and

(e) details of a place where a copy of the application can be inspected.

(8) When the authority have satisfied the requirements of paragraph 22, they must inform the Welsh Ministers that they have done so within five working days, beginning with the day on which the notice is posted.

Commencement Information

I1 Reg. 22 in force at 1.3.2016, see reg. 1(2)