The Sustainable Drainage (Appeals) (Wales) Regulations 2018

PART 1 Introduction

Title and commencement

1.—(1) The title of these Regulations is the Sustainable Drainage (Appeals) (Wales) Regulations 2018.

(2) These Regulations come into force on 7 January 2019.

Interpretation

2.—(1) In these Regulations—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990(1);

“appellant” (“apelydd”) means a developer who makes an appeal against a decision under these Regulations;

“application for approval (“cais am gymeradwyaeth”) means—

(a)

an application for approval under paragraph 9 of Schedule 3, or

(b)

that part of an application under paragraph 10 of Schedule 3 that seeks approval;

“approval” (“cymeradwyaeth”) means the approval required under paragraph 7(1) of Schedule 3;

“decision” (“penderfyniad”) means a decision of an approving body(2) about—

(a)

an application for approval (including a decision about conditions), or

(b)

the duty to adopt;

“developer” (“datblygwr”) means—

(a)

in relation to an application for approval, the person who applied for approval;

(b)

in relation to a request to adopt, the person who made a request pursuant to paragraph 23(2)(b) of Schedule 3;

“electronic communication” (“cyfathrebiad electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000(3);

“notice of appeal” (“hysbysiad apêl”) means a notice that complies with regulation 6(1);

“planning authority” (“awdurdod cynllunio”) means the authority which determines an application for planning permission;

“request to adopt” (“archiad i fabwysiadu”) means a request pursuant to paragraph 23(2)(b) of Schedule 3;

“Schedule 3” (“Atodlen 3”) means Schedule 3 to the Flood and Water Management Act 2010.

(2) In these Regulations a reference to “construction work”(4) is to be construed as a reference to construction work having drainage implications(5).

(1)

1990 c .8.

(2)

“Approving body” is defined in paragraph 6 of Schedule 3.

(3)

2000 c. 7. Section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

(4)

“Construction work” is defined in paragraph 7(2)(a) of Schedule 3.

(5)

“Drainage implications” is defined in paragraph 7(2)(b) of Schedule 3.