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.