The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003

Interpretation

2.  In these Regulations—

“appeal” (“apêl”) means, in relation to—

(a)

section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the determination of an application which has been referred to the National Assembly, but does not include an application which is deemed to have been referred to the National Assembly by virtue of regulation 13(3) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(1); and

(b)

section 78 or 208 of the Planning Act or section 20 of the Listed Buildings Act, an appeal made under that section;

“appellant” (“apelydd”) means, in the case of—

(a)

an application referred to the National Assembly under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the person who made that application to the local planning authority;

(b)

an appeal under section 78 of the Planning Act or section 20 of the Listed Buildings Act, the person whose application was refused, granted subject to conditions or not determined, by the local planning authority; and

(c)

an appeal under section 208 of the Planning Act, the person on whom a notice has been served under section 207(1) of that Act;

“application” (“cais”) means, in relation to—

(a)

section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the application which has been referred to the National Assembly;

(b)

section 78 of the Planning Act or section 20 of the Listed Buildings Act, the application which is the subject of the appeal; and

(c)

section 208 of the Planning Act, the notice served by the local planning authority under section 207(1) of that Act;

“document” (“dogfen”) includes a photograph, map or plan;

“electronic communication” has the meaning assigned to that term by section 15(1) of the Electronic Communications Act 2000(2);

“the Listed Buildings Act” (“y Ddeddf Adeiladau Rhestredig”) means the Planning (Listed Buildings and Conservation Areas) Act 1990;

“local planning authority” (“awdurdod cynllunio lleol”) means, in relation to—

(a)

an application under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, the body which would have dealt with the application had it not been referred to the National Assembly;

(b)

an appeal under section 78 of the Planning Act or section 20 of the Listed Buildings Act, the body which was responsible for determining the application occasioning the appeal; and

(c)

an appeal under section 208 of the Planning Act, the body which served the notice under section 207(1) of that Act;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“the Planning Act” (“y Ddeddf Gynllunio”) means the Town and Country Planning Act 1990;

“questionnaire” (“holiadur”) means a document in the form supplied by the National Assembly to a local planning authority for the purpose of proceedings under these Regulations;

references to section 12, 19 or 20 of the Listed Buildings Act includes reference to those sections as applied by section 74(3) of that Act;

references to section 78 of the Planning Act includes reference to that section as applied to applications for tree preservation orders made under that Act;

“relevant notice” (“hysbysiad perthnasol”) means, in relation to an—

(a)

application referred to the National Assembly under section 77 of the Planning Act or section 12 or 19 of the Listed Buildings Act, a written request by the appellant that the matter be disposed of by means of written representations; and

(b)

appeal brought under section 78 or 208 of the Planning Act or section 20 of the Listed Buildings Act, a written notice served by the appellant,

notifying the National Assembly of their wish that the appeal be disposed of on the basis of written representations;

“starting date” (“dyddiad dechrau”) means the date of the—

(a)

National Assembly’s written notice to the appellant and the local planning authority that all the documents required to enable it to entertain the appeal have been received; or

(b)

written notice under regulation 4 below,

whichever is later; and

“written representations” (“sylwadau ysgrifenedig”) includes supporting documents.

(1)

S.I. 1990/1519.

(2)

2000 c. 7.