The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2017

Reference of applications to the Welsh Ministers

4.—(1) In regulation 3(6) (applications for listed building consent or for conservation area consent) omit “or reference to the Welsh Ministers”.

(2) In regulation 8(5) (use of electronic communications) after subparagraph (d) insert—

“(da) sending or serving a notice of reference, application file or full statement of case under regulation 11A;”.

(3) In regulation 8(6)—

(a) for “giving or serving the notice” substitute “, giving, serving or sending the notice, application file or full statement of case”;

(b) in subparagraphs (a) and (b), for “or notice” substitute “, notice or other document”;

(c) in subparagraph (c), each time it occurs for “the applicant” substitute “the person”.

(4) After regulation 11 (advertisement of applications for urgent works relating to Crown development) insert—

“Reference of applications to the Welsh Ministers

11A.— (1) Where an application is referred to the Welsh Ministers under section 12 of the Act or under that section as applied by sections 19 or section 74(3) of the Act, a local planning authority must as soon as reasonably practicable—

(a) serve on the applicant a notice of reference; and

(b) send to the Welsh Ministers a copy of the application file.

(2) The local planning authority must send a copy of the notice of reference to the Welsh Ministers at the same time as the notice is sent to the applicant.

(3) An applicant upon whom a notice of reference is served may choose to submit a full statement of case to the Welsh Ministers.

(4) An applicant who so chooses must send—

(a) the full statement of case so that it is received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served;

(b) a copy of the full statement of case to the local planning authority at the same time as it is sent to the Welsh Ministers.

(5) In this regulation—

(a) “application file” (“ffeil y cais”) means the application together with accompanying documents and all correspondence with the local planning authority relating to the application; and

(b) “notice of reference” (“hysbysiad o gyfeirio”) means a notice—

(i) informing the applicant that the application has been referred to the Welsh Ministers;

(ii) in the case of an application referred to the Welsh Ministers pursuant to a direction under section 12(1) of the Act, setting out the reasons given by the Welsh Ministers for issuing the direction; and

(iii) notifying the applicant that—

(aa) if the applicant so chooses, the applicant may submit a full statement of case to the Welsh Ministers;

(bb) if the applicant so chooses, the full statement of case must be received by the Welsh Ministers within 4 weeks beginning with the day on which the notice of reference is served; and

(cc) a copy of the full statement of case (if applicable) must be sent to the local planning authority at the same time as it is sent to the Welsh Ministers.”