PART 7Hearings
Procedure and report after a hearingI128
1
After the close of the hearing—
a
the assessor (if one is appointed) may make a report in writing to the appointed person in respect of the matters on which the assessor was appointed to assist;
b
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
Where an assessor makes a report in accordance with paragraph (1)(a), the appointed person must—
a
append it to the appointed person’s own report; and
b
state in that report how far the appointed person agrees or disagrees with the assessor’s report and, where the appointed person disagrees with the assessor, the reasons for that disagreement.
3
When making their determination, the Welsh Ministers may disregard any written representations or other document received after the hearing has closed.
4
Paragraph (5) applies if, after the close of the hearing, the Welsh Ministers are minded to disagree with a recommendation made by the appointed person 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).
5
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 and who took part in the hearing, of their disagreement and the reasons for their disagreement; and
b
affording them an opportunity of making written representations to the Welsh Ministers.
6
Those making written representations must ensure that such representations are received by the Welsh Ministers within the period stated in the Welsh Ministers’ notification under paragraph (5)(a).
7
The Welsh Ministers may, as they think fit, cause a hearing to be re-opened.
8
Where a hearing is re-opened (whether by the same or a different appointed person)—
a
the appointed person must send to the applicant, the local planning authority and persons who submitted written representations or who took part in the hearing, a written statement of the matters with respect to which further representations are invited for the purposes of the appointed person’s further consideration of the application; and
b
regulation 26 applies as if the references to a hearing were references to a re-opened hearing.