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11.—(1) The appellant may not raise any matter which was not before the local planning authority at the time specified in paragraph (2) unless the appellant can demonstrate—
(a)that the matter could not have been raised before that time, or
(b)that its not being raised before that time was a consequence of exceptional circumstances.
(2) The time specified for the purposes of paragraph (1) is—
(a)when the decision appealed against was made; or
(b)when notice of appeal was given in relation to the local planning authority’s failure to—
(i)give notice to the appellant of their decision on the application;
(ii)give notice to the appellant that they have exercised their power under section 70A or 70C of the Planning Act to decline to determine the application; or
(iii)give notice that the application has been referred to the Welsh Ministers under section 77 of the Planning Act, section 12 of the Listed Buildings Act or section 20 of the Hazardous Substances Act.
(3) Nothing in paragraph (1) affects any requirement or entitlement to have regard to—
(a)the provisions of the development plan, or
(b)any other material circumstances.
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Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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