Town and Country Planning Act 1990

[F1 62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person E+W

(1) The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.

(2) The Welsh Ministers must serve a copy of the direction on—

(a) the person (if any) appointed to determine the appeal,

(b) the appellant, and

(c) the local planning authority.

(3) In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.

(4) The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.

(5) The Welsh Ministers must serve a copy of a direction under subsection (4) on—

(a) the person (if any) previously appointed to determine the appeal,

(b) the appellant, and

(c) the local planning authority.

(6) Where the Welsh Ministers give a direction under subsection (4)—

(a) they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;

(b) anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;

(c) subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.]

Textual Amendments

F1 Ss. 62ZA-62ZD and cross-heading inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 29(2), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(a) (with art. 9)