- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The Developments of National Significance (Wales) Regulations 2016, PART 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
10.—(1) Before the end of the representation period the Welsh Ministers must appoint a person to exercise the functions prescribed in regulation 11.
(2) Subject to paragraph (3), the Welsh Ministers must notify the name of the appointed person to the applicant and the local planning authority.
(3) Where the Welsh Ministers appoint another person instead of the person previously appointed—
(a)the name of the other person must be notified to the applicant and the local planning authority;
(b)or, if it is not practicable to do so before any hearing or inquiry is held, the appointed person holding the hearing or inquiry must, at its commencement, announce their name and the fact of their appointment.
11. The following functions are prescribed for the purposes of paragraph 1 of Schedule 4D to the 1990 Act—
(a)functions under the 2016 Order, except those under—
(i)article 28; and
(ii)article 29;
(b)functions under the Developments of National Significance (Fees) (Wales) Regulations 2016(1), except those under regulation 12 of those Regulations;
(c)giving notice that notification of an application has been accepted under section 62E(4) of the 1990 Act(2);
(d)giving notice requiring a local impact report under section 62I(1)(b) and (2) of the 1990 Act(3);
(e)giving notice suspending the determination period or terminating, reducing or extending a period of suspension under section 62L(5) of the 1990 Act(4);
(f)notifying community councils under section 62Q(2) of the 1990 Act(5);
(g)determining as to the procedure by which proceedings are to be considered in accordance with section 319B(1) of the 1990 Act;
(h)notifying the applicant of the determination of procedure under section 319B(5) and (5A)(6) of the 1990 Act;
(i)holding an inquiry under section 320 of the 1990 Act;
(j)functions under these regulations—
(i)regulation 4 (allowing further time);
(ii)regulation 6 (receiving requests for pre-application services);
(iii)regulation 8 (pre-application services: Welsh Ministers);
(iv)regulation 9 (monitoring and statement of services);
(v)regulation 10(2) (notifying the name of the appointed person);
(vi)regulation 13 (determination of procedure);
(vii)regulation 14 (representations to be taken into account);
(viii)regulation 15 (further information);
(ix)regulation 16 (site inspections);
(x)regulation 21 (date and place of hearing);
(xi)regulation 22 (public notice of hearing);
(xii)regulation 23 (appointment of an assessor);
(xiii)regulation 24 (participation in a hearing);
(xiv)regulation 25 (absence, adjournment etc.);
(xv)regulation 27 (hearing inappropriate);
(xvi)regulation 32 (date and place of inquiry);
(xvii)regulation 34 (inquiry inappropriate);
(xviii)regulation 37 (procedure following quashing of a decision).
11A. In addition to those functions prescribed by regulation 11, the following functions are prescribed for the purposes of paragraph 1 of Schedule 4D to the 1990 Act in respect of development within regulation 3(1)(ab) of the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016
(a)functions under section 62F of the 1990 Act (developments of national significance: secondary consents);
(b)functions under section 62J of the 1990 Act (duty to have regard to local impact report);
(c)determining the application before the end of the determination period in accordance with section 62L(2) of the 1990 Act;
(d)determining an application under section 70(1) of the 1990 Act;
(e)functions under articles 28 and 29 of the 2016 Order;
(f)functions under these regulations—
(i)regulation 19 (proceeding to a decision);
(ii)regulation 29 (determination);
(iii)regulation 35 (determination);
(iv)regulation 36(1) (notice of decision)]
Textual Amendments
Section 62E was inserted by section 19 of the Planning (Wales) Act 2015.
Section 62I was inserted by section 21 of that Act.
Section 62L was inserted by section 22 of that Act.
Section 62Q was inserted by section 24 of that Act.
Section 319B(5A) was inserted by paragraph 20 of Schedule 4 to that Act.
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. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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: