PART 6Written representations

ReportI118

F1A1

This regulation applies where the function of determining the application is to be exercised by the Welsh Ministers.

1

The appointed person must make a report in writing to the Welsh Ministers which must include the appointed person’s conclusions and recommendations (or reasons for not making any recommendations).

2

Paragraph (3) applies if the Welsh Ministers are minded to disagree with a recommendation in the appointed person’s report because they—

a

differ from the appointed person on any matter of fact mentioned in, or appearing to them to be material to, a conclusion reached by the appointed person, or

b

have taken into consideration any new evidence or new matter of fact (not being a matter of policy).

3

The Welsh Ministers must not come to a decision which is at variance with the appointed person’s recommendation without first—

a

notifying the applicant, the local planning authority and those persons who submitted written representations of their disagreement and the reasons for their disagreement; and

b

affording them an opportunity of making written representations to the Welsh Ministers.

4

Those making written representations must ensure that such representations are received by the Welsh Ministers within such time as the Welsh Ministers state in notification under paragraph (2).

5

The Welsh Ministers may cause a hearing or inquiry to be held if they have taken into consideration any new evidence or new matter of fact, not being a matter of policy.

6

Where a hearing or inquiry is to be held the Welsh Ministers must send to the applicant, the local planning authority and persons submitting written representations a written statement of the matters with respect to which further representations are invited for the purposes of the Welsh Ministers’ further consideration of the application.

7

Regulation 15(2) to (6) apply to any evidence or representation in writing submitted to the Welsh Ministers in accordance with paragraph (3) of this regulation.