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The Developments of National Significance (Wales) Regulations 2016

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This is the original version (as it was originally made).

PART 5Information and site visits

Representations to be taken into account

14.—(1) The Welsh Ministers may disregard any representation made after the expiry of the representation period other than as requested in accordance with regulation 15.

(2) The representations referred to in this regulation are representations prescribed in article 28 of the 2016 Order for the purposes of section 71(2)(a) of the 1990 Act (consultations in connection with determinations under section 70).

Further information

15.—(1) The Welsh Ministers may request further representations from—

(a)the applicant;

(b)the local planning authority; and

(c)any interested person(1) who made representations in relation to the application during the representation period.

(2) In particular, the Welsh Ministers may in writing request—

(a)from the person making any representation, a specified number of additional copies of that representation;

(b)responses to questions posed by the Welsh Ministers about the matters contained in any representation.

(3) Each representation on any particular matter submitted following a request must not exceed 3,000 words and must be submitted—

(a)in the manner specified by the Welsh Ministers;

(b)no later than four weeks from the date of the request under paragraph (1).

(4) The Welsh Ministers may disregard any representation which—

(a)is received out of time or in a manner other than that specified;

(b)exceeds 3,000 words;

(c)they regard as vexatious or frivolous; or

(d)relates to the merits of policy set out in a development plan or any relevant policy statement made or published by the Welsh Ministers.

(5) In the event that a written representation exceeds 3,000 words, the Welsh Ministers may return the representation to the person submitting it with a request that the representation is resubmitted such that it does not exceed 3,000 words and within such time as the Welsh Ministers may state when returning the representation.

(6) The Welsh Ministers may in their discretion increase the number of words in paragraph (3) in any particular case and accordingly references to a maximum number of words are to such increased number.

(7) The Welsh Ministers must make all written representations, and written responses to questions received by them available in such manner as the Welsh Ministers think appropriate as soon as practicable.

Site inspections

16.—(1) The Welsh Ministers may inspect the land to which the application relates.

(2) Where the Welsh Ministers intend to make an inspection under paragraph (1), they may notify the applicant and any other person as to the date and time of the inspection.

(3) The Welsh Ministers are not required to defer an inspection where any person (including the applicant) is not present at the time appointed.

(1)

“Interested person” is defined in section 319B(8A) of the 1990 Act. Subsection (8A) was inserted by section 27 of, and paragraph 20(4) of Schedule 4 to, the Planning (Wales) Act 2015.

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