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

Representations

7.—(1) The notice of appeal, the documents accompanying it and any statement sent under regulation 5 of the Enforcement Notices and Appeals Regulations will comprise the appellant’s representations in relation to the appeal.

(2) The local planning authority may elect to treat the questionnaire, the documents sent with it and the statement sent under regulation 8 of the Enforcement Notices and Appeals Regulations, as its representations in relation to the appeal; and, where it does so, it must notify the National Assembly and the appellant accordingly when sending the questionnaire or sending one copy in accordance with regulation 6.

(3) If the appellant wishes to make any further representations to those in paragraph (1), the appellant must send 2 copies of those further representations to the National Assembly so as to be received by it within 6 weeks of the starting date.

(4) Where the local planning authority does not elect as described in paragraph (2), it must send 2 copies of its written representations to the National Assembly so as to be received by it within 6 weeks of the starting date and these must include-

(a) a summary of the local planning authority’s response to each of the grounds on which the appeal is brought; and

(b) a statement as to whether it would be prepared to grant planning permission for the matters alleged in the enforcement notice to constitute a breach of planning control, or to grant listed building consent or conservation area consent for the works to which the listed building enforcement notice or conservation area enforcement notice relates, as the case may be, and, if so, particulars of the conditions, if any, which it would wish to impose on the permission or consent.

(5) Any representations made to the National Assembly under paragraph (3) or (4) must be dated and sent to the National Assembly on the date they bear.

(6) The National Assembly must, as soon as practicable after receipt, send a copy of any representations made to it by the local planning authority to the appellant and must send a copy of any representations made to it by the appellant to the local planning authority.

(7) The appellant and the local planning authority must send 2 copies of any comments they have on each other’s representations to the National Assembly so as to be received by it within 9 weeks of the starting date; and the National Assembly must, as soon as practicable after receipt, send a copy of these further comments to the other party.

(8) The National Assembly may disregard further information from the appellant and the local planning authority which was not received within 9 weeks of the starting date unless that further information has been requested by it.