- Latest available (Revised)
- Point in Time (07/09/2023)
- Original (As enacted)
Version Superseded: 26/12/2023
Point in time view as at 07/09/2023. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Town and Country Planning Act 1990, Section 319B is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Welsh Ministers must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2)A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Welsh Ministers to be appropriate—
(a)at a local inquiry;
(b)at a hearing;
(c)on the basis of representations in writing.
(3)The Welsh Ministers must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5)The Welsh Ministers must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
[F2(5A)In a case where an application has been made to the Welsh Ministers under section 62D, 62M or 62O, they must also notify any representative persons they consider appropriate.]
(6)The Welsh Ministers must publish the criteria which are to be applied in making determinations under subsection (1).
(7)This section applies to—
[F3(za)an application made to the Welsh Ministers under section 62D, including proceedings relating to any secondary consent in respect of which, by virtue of its connection to that application, section 62F(2) applies;
(zb)an application made to the Welsh Ministers under section 62M or 62O;]
(a)an application referred to the Welsh Ministers under section 77;
(b)an appeal to the Welsh Ministers under section 78;
(c)an appeal to the Welsh Ministers under section 174;
(d)an appeal to the Welsh Ministers under section 195; and
(e)an appeal to the Welsh Ministers under section 208.
(8)But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) ceases to have effect.
[F4(8A)For the purposes of this section as it applies where an application has been made to the Welsh Ministers under section 62D, 62M or 62O—
“the local planning authority” means the local planning authority to which, but for the section in question, the application would have been made;
“representative persons” are prescribed persons, or persons of a prescribed description, who appear to the Welsh Ministers to be representative of interested persons;
“interested persons” are persons, other than the applicant and the local planning authority, who appear to the Welsh Ministers to have an interest in the proceedings.]
(9)The Welsh Ministers may by order amend subsection (7) to—
(a)add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or
(b)otherwise modify the descriptions of proceedings to which this section applies.
(10)An order under subsection (9) may—
(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;
(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
F5(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 319B inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), arts. 1(2), 2(1)
F2S. 319B(5A) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(2); S.I. 2016/52, art. 3(e)
F3S. 319B(7)(za)(zb) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(3); S.I. 2016/52, art. 3(e)
F4S. 319B(8A) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 20(4); S.I. 2016/52, art. 3(e)
F5S. 319B(11) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(5)
Modifications etc. (not altering text)
C1S. 319B applied (with modifications) (7.1.2019) by The Sustainable Drainage (Enforcement) (Wales) Order 2018 (S.I. 2018/1182), regs. 1(2), 17(2)
C2S. 319B applied (with modifications) (7.1.2019) by The Sustainable Drainage (Appeals) (Wales) Regulations 2018 (S.I. 2018/1181), regs. 1(2), 9
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: