The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

Appeals [F1 under section 78 of the 1990 Act] E+W

26.—(1) An applicant who wishes to appeal to the Welsh Ministers under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) must give notice of appeal to the Welsh Ministers by—

(a) serving on the Welsh Ministers F2 ... a form obtained from the Welsh Ministers [F3 and a full statement of case], together with such of the documents specified in paragraph (3) as are relevant to the appeal; and

(b) serving on the local planning authority a copy of the form mentioned in paragraph (a), as soon as reasonably practicable, together with a copy of any relevant documents mentioned in [F4 paragraph (3)(a)(ii) or (3)(b)(v)] [F5 and a copy of the full statement of case].

(2) [F6 For the purposes of section 78(3) of the 1990 Act the prescribed time within which an appeal must be made under section 78(1) of that Act is] F7 ...—

[F8 (a) in the case of a householder appeal or a minor commercial appeal, twelve weeks from the date of the notice of the decision or determination giving rise to the appeal;

(b) in the case of any other appeal under section 78(1), six months from—

(i) the date of the notice of the decision or determination giving rise to the appeal; or

(ii) in a case in which the local planning authority have served a notice on the applicant in accordance with article 3(2) that they require further information and the applicant has not provided the information, the date of service of that notice;]

or such longer period as the Welsh Ministers may at any time allow.

[F9 (3) The documents mentioned in paragraph (1) are—

(a) in the case of a householder appeal or a minor commercial appeal—

(i) a copy of the application which was sent to the local planning authority which has occasioned the appeal;

(ii) any other plans, documents or drawings relating to the application which were not sent to the local planning authority, except any plans, documents or drawings relating to amendments to the application proposed after the local planning authority have made their determination; and

(iii) the notice of the decision or determination;

(b) in the case of any other appeal made under section 78—

(i) the application made to the local planning authority which has occasioned the appeal;

(ii) all plans, drawings and documents sent to the authority in connection with the application;

(iii) all correspondence with the authority relating to the application;

(iv) any certificate provided to the authority under article 11;

(v) any other plans, documents or drawings relating to the application which were not sent to the authority;

(vi) the notice of the decision or determination, if any;

(vii) if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.]

[F10 (c) where this paragraph specifies the planning permission granted and a revised version of the notice of the decision to grant planning permission has been issued by the authority in accordance with section 71ZA(5) of the 1990 Act and article 24A, it is to be read as specifying the revised version of the notice.]

[F11 (4) The Welsh Ministers may refuse to accept a notice of appeal—

(a) under section 78(1) of the 1990 Act if the documents required under paragraphs (1) and (3) are not served on the Welsh Ministers within the time prescribed in paragraph (2);

(b) under section 78(2) of the 1990 Act if the documents required under paragraphs (1) and (3) are not served on the Welsh Ministers.]

(5) The Welsh Ministers may provide, or arrange for the provision of, a website for use for such purposes as the Welsh Ministers think fit which—

(a) relate to appeals under section 78 of the 1990 Act and this article, and

(b) are capable of being carried out electronically.

(6) Where a person gives notice of appeal to the Welsh Ministers using electronic communications, the provisions of article 32 apply.

[F12 (7) In this article—

“householder appeal” (“apêl deiliad tŷ”) means an appeal under section 78(1)(a) of the 1990 Act in relation to a householder application but does not include—

(a)

an appeal against the grant of any planning permission which is granted subject to conditions; or

(b)

an appeal which is accompanied by an appeal under section 174 of the 1990 Act or under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

“minor commercial appeal” (“apêl fasnachol fach”) means an appeal under section 78(1)(a) of the 1990 Act in relation to a minor commercial application but does not include—

(a)

an appeal against the grant of any planning permission which is granted subject to conditions; or

(b)

an appeal which is accompanied by an appeal under section 174 of the 1990 Act or under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990.]

Textual Amendments

F1 Words in art. 26 heading inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 13(6)

F2 Words in art. 26(1)(a) omitted (5.5.2017) by virtue of The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017 (S.I. 2017/542), arts. 1(1), 5(1)(a) (with art. 8)

F3 Words in art. 26(1)(a) inserted (5.5.2017) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017 (S.I. 2017/542), arts. 1(1), 5(1)(b) (with art. 8)

F4 Words in art. 26(1)(b) substituted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 8(1) (with art. 12)

F5 Words in art. 26(1)(b) inserted (5.5.2017) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017 (S.I. 2017/542), arts. 1(1), 5(1)(c) (with art. 8)

F6 Words in art. 26(2) substituted (5.5.2017) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017 (S.I. 2017/542), arts. 1(1), 5(2) (with art. 8)

F7 Words in art. 26(2) omitted (22.6.2015) by virtue of The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 8(2)(a) (with art. 12)

F8 Art. 26(2)(a)(b) substituted for art. 26(2)(a)-(c) (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 8(2)(b) (with art. 12)

F9 Art. 26(3) substituted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 8(3) (with art. 12)

F10 Art. 26(3)(c) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 12(2)

F11 Art. 26(4) substituted (5.5.2017) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2017 (S.I. 2017/542), arts. 1(1), 5(3) (with art. 8)

F12 Art. 26(7) inserted (22.6.2015) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 (S.I. 2015/1330), arts. 1(1), 8(4) (with art. 12)