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.