Reference of applications to the Welsh Ministers4
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 Ministers11A
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.