Procedure and report after a hearingE+W
28.—[F1(A1) This regulation applies where the function of determining the application is to be exercised by the Welsh Ministers.]
(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.
(9) Regulation 15(2) to (6) apply to any evidence or representation in writing submitted to the appointed person in accordance with paragraph (6) of this regulation.
Textual Amendments
F1Reg. 28(A1) inserted (1.4.2019) by The Developments of National Significance (Wales) (Amendment) Regulations 2019 (S.I. 2019/288), regs. 1, 2(8)
Commencement Information