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

General provisions relating to applications E+W

8.—(1) When the local planning authority receive—

[F1 (a) an application which complies with the requirements of article 5;]

(b) where an application is made in respect of Crown land, the documents required by article 6;

[F2 (ba) in a case to which article 2F applies, the pre-application consultation report required by that article;]

(c) in a case to which article 7 applies, the design and access statement F3 ...;

(d) in a case to which article 9 applies, the written declaration required by that article;

(e) the certificate required by article 11;

(f) subject to paragraph (2), the particulars or evidence required by the authority under section 62(3) of the 1990 Act (applications for planning permission) M1 ; and

(g) any fee required to be paid in respect of the application,

the authority must, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Schedule 1.

(2) Paragraph (1)(f) only applies if—

(a) the application is for major development; and

(b) before the application is made the local planning authority publish a list of requirements on their website for the purposes of article 22(3); and

(c) the particulars or evidence that the authority require to be included in the application fall within that list.

[F4 (3) Where the local planning authority consider that any fee required to be paid in respect of the application has not been paid (save for where a cheque is dishonoured and paragraphs (2)(c) and (3)(g) of article 22 apply) they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice must inform the applicant of the amount of the fee required to be paid and how the fee can be paid.]

[F5 (3A) Where the local planning authority consider that section 62ZA(2) of the 1990 Act applies to the application they must, as soon as reasonably practicable, serve a notice on the applicant stating that the application is invalid. The notice given in accordance with section 62ZA(2) of the 1990 Act must inform the applicant of—

(a) the right of appeal to the Welsh Ministers under section 62ZB of the 1990 Act, and

(b) the time limit in article 24C(2) within which the applicant must give notice of appeal.]

(4) In this article an application is invalid if it is not a valid application within the meaning of article 22(3).

Textual Amendments

F1 Art. 8(1)(a) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 13(1)(a) (with art. 15(5))

F2 Art. 8(1)(ba) inserted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 4(2) (with art. 15(1))

F3 Words in art. 8(1)(c) omitted (16.3.2016) by virtue of The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 9(2) (with art. 15(2))

F4 Art. 8(3) substituted (16.3.2016) by The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59), arts. 1(2), 13(1)(b) (with art. 15(5))

F5 Art. 8(3A) 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(1)(c) (with art. 15(5))

Marginal Citations

M1 Section 62 was substituted by section 42(1) of the 2004 Act.