The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

Representations by community councils before determination of applications E+W

16.—(1) Where the council of a community are given information in relation to an application pursuant to paragraph 2(1) of Schedule 1A to the 1990 Act (distribution of local planning authority functions: Wales) M1 , they must, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 14 days [F1 , (or 30 days in the case of an EIA application),] of the notification to them of the application.

(2) A local planning authority must not determine any application in respect of which a community are required to be given information before—

(a) the council of the community inform them that they do not propose to make any representations;

(b) representations are made by that council; or

(c) the period of 14 days [F1 , (or 30 days in the case of an EIA application),] mentioned in paragraph (1) has elapsed,

whichever occurs first; and in determining the application the authority must take into account any representations received from the council of the community.

(3) The local planning authority must notify the council of the community of the terms of the decision on any such application or, where the application is referred to the Welsh Ministers, of the date when it was so referred and, when notified to them, of the terms of the Welsh Ministers' decision.

[F2 (4) Where the council of a community are notified of an application during the emergency period, paragraphs (1) and (2)(c) have effect as if the references to 14 days were to 21 days.

(5) In paragraph (4), “the emergency period” has the meaning given by article 2G(2).]

Textual Amendments

F1 Words in art. 16 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), reg. 1(2), Sch. 9 para. 1(8) (with regs. 1(4), 55(2)(3), 63, 65)

F2 Art. 16(4)(5) inserted (19.5.2020) by The Planning Applications (Temporary Modifications and Disapplication) (Wales) (Coronavirus) Order 2020 (S.I. 2020/514), arts. 1(2), 3

Marginal Citations

M1 1990 c. 8. Schedule 1A was inserted by the Local Government (Wales) Act 1994 (c. 19).