The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017

Application

2.—(1) These Regulations apply in Wales in relation to—

(a) the applications listed in paragraph (2) made on or after the date on which these Regulations come into force; and

(b) the appeals listed in paragraph (2) where—

(i) the application which is the subject of the appeal is made on or after the date on which these Regulations come into force; or

(ii) the enforcement notice which is the subject of the appeal was issued on or after the date on which these Regulations come into force.

(2) The applications and appeals referred to in paragraph (1) are—

(a) an application for planning permission referred to the Welsh Ministers under section 77 of the Planning Act (reference of applications to the Secretary of State);

(b) an appeal under section 78 of the Planning Act (right to appeal against planning decisions and failure to take such decisions) or under that section—

(i) as applied by section 198(3)(c) and (4) of that Act (tree preservation orders); and

(ii) as applied by regulations made under section 220 of the Planning Act (regulations controlling display of advertisements);

(c) an appeal under section 174 of the Planning Act (appeal against enforcement notice) or under that section as applied by regulation 16 of, and Part 1 of Schedule 4 to, the 2015 Regulations(1) (appeals against hazardous substances contravention notices);

(d) an appeal under section 195 of the Planning Act (appeals against refusal or failure to give decision on application for a certificate of lawfulness of existing or proposed use or development);

(e) an appeal under section 208 of the Planning Act (appeals against tree replacement notices);

(f) an appeal under section 217 of the Planning Act (appeal against a notice requiring the maintenance of land);

(g) an application for listed building consent referred to the Welsh Ministers under section 12, or for variation or discharge of conditions referred to them under that section as applied by section 19, or an appeal to them under section 20, of the Listed Buildings Act;

(h) an application for conservation area consent referred to the Welsh Ministers under section 12 (including an application to which that section is applied by section 19), or an appeal to them under section 20, of the Listed Buildings Act as those sections are applied by section 74(3) of that Act;

(i) an appeal under section 39 of the Listed Buildings Act (appeal against listed buildings enforcement notice) or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice);

(j) an application for hazardous substances consent referred to the Welsh Ministers under section 20 of the Hazardous Substances Act (reference of applications to Secretary of State);

(k) an appeal under section 21 of the Hazardous Substances Act (appeals against decisions or failure to take decisions relating to hazardous substances).

(1)

S.I. 2015/1597 (W. 196).